1. The above second appeal has been filed by the defendant in O.S.No.810 of 1979 on the file of the Court of the District Munsif of Vellore, North Arcot Ambedkar District. The respondent/plaintiff filed the suit for a declaration that the memo No.SEV/Adm.2/A-4/701-1/78 dated 28. 1978 of the defendant and subsequent memo are void.

2. The case of the plaintiff as disclosed in the plaint filed before the trial court was that the plaintiff was appointed as nominal Muster Roll Worker on 12. 1947, that by virtue of his hard work, he was promoted as Helper on 8. 1955, later as Assistant Wireman during 1959 and again as Wireman during July, 1970 and once again promoted as Lineman Grade-I on 112. 1978 and that as per the memorandum of settlement dated 17. 1969 entered into between the Tamil Nadu Electricity Board and its workmen and particularly, as per term No.9 it was mandatory on the part of the defendant Electricity Board, to abolish the category of the post of Assistant Wireman in operation subordinate service in distribution systems and the existing incumbents in that category shall be fitted into the Grade of Wireman at the next appropriate stage and as per term No. 15 o