JUDGMENT

KHALID, J.:— The plaintiff in Civil Suit No. 14-B/76, before the II Civil Judge, Jagdalpur is the appellant before us. He was appointed as a welder in Central Tractor Organisation in 1950 in which post he served for nine years. On 30-10-1971 he was served with an order dated 14-10-1971 by which he was re-designated as a Senior Welder in the pay scale of Rs. 170-6-240 to be effective from 1-3-1968. Subsequently by an order dated 1-1-1973, he wag declared as surplus from this post and was relieved of his duties on the forenoon of 1-1-1973. He was then told that he could be re-employed as a welder in the pay scale of Rs. 110-155, in the workshop of military department of Jullundur Cantonment. The appellant declined the offer. Consequently he filed the suit from which the appeal arises, praying that since the order treating him as surplus was illegal, he should be declared to be still continuing in service. The trial Court decreed the suit with costs and directed the defendant to appoint the plaintiff as a welder in the pay scale of Rs. 175-6-205-7-240. The appeal before the Second Additional District Judge, Bastar, taken by the Union of India, against this judgment was dismis