Avadh Behari, J. - (1.) This is a Regular First Appeal against the decree of the learned Subordinate Judge dated April 30. 1962.
(2.) The material facts of the case may be briefly stated in order to appreciate the points in controversy between the parties. The appellant joined the Assam Secretariat as Lower Division Assistant on May 8. 1942 and was confirmed in that post with effect from May 24, 1945. On May 14, 1946 he was promoted to the post of Upper Division Assistant and was confirmed as such with effect from February 1, 1950. He was selected by the Government of Assam for a post in the Indian Administrative service Training School. The terms of his appointment were contained in the letter addressed by the Principal of the school dated May 26, 7947. According to this letter, the appellant was offered the post of a clerk. The appointment, it was expressly stated, was temporary in the first instance till the end of February, 1948. It was also stated in the said letter the the appellant's claim to permanent appointment will be considered in that light of his previous continuous service when the post is made permanent. In addition to his pay-as clerk the appellant was also to get an honorarium at the rate of Rs. 10/- per hour for taking classes in Assamese language. The appellant joined this temporary post as clerk on August, 2, 1947 and continued to work. Later on, the appellant was offered the post of Assistant in the school establishment. The appellant accepted the post of Assistant on August 4, 1948 in the higher grade. The terms of this appointment were contained in the principals telegram dated July 15, 1948. The temporary post of Assistant which the appellant was holding was made permanent in 1951. The appellant continued to work as Assistant and the language teacher till September 8, 1952 when the appellant was granted Earned Leave for 54 days, that is, from September 8, 1952 to October 31, 1952.
(3.) In the meantime the Central Secretariat Service (Re-organisation and Re-inforcement) Scheme was sanctioned in the year 1948 and the post of the Assistant held by the appellant was included in the IV grade of that scheme. The appellant appeared in the qualifying test held under that scheme for Assistant's grade. As a result of that test the appellant was declared qualified by the Union public Service Commission.;