Palekar, J. - (1.) This appeal arises out of a certificate granted by the High Court of Punjab under Art. 133 (1)(c) of the Constitution. The appellant graduated from the College of Agriculture at Lyallpur with high academic distinctions in the year 1935. He then entered the service of the then Punjab Government as an Overseer of Gardens. After the partition in 1947, he opted for service in India and entered the service of the Government of East Punjab. In 1950 the Union Public Service Commission selected him for appointment to the post of Assistant Superintendent of Archaeological Gardens at Delhi and he joined that post with the consent of the East Punjab Government. In 1951 he proceeded abroad for further studies in U.S.A. and England and obtained high qualifications in Landscape Architecture. While he was still abroad, the Punjab Government advertised a post of Landscape Architect in the Capital Project Administration in the grade of Rupees 625-40-1025/50-1275. The appellant having applied for the same, was selected for the appointment. He could not howeve, take charge of the post. He returned to India in 1953 and found that the post advertised had already been filed.
(2.) On 25-6-1954 the Punjab Government through the Punjab Public Service Commission again advertised for the post of Landscape Architect in the Capital Project Administration, Chandigarh on the same post and was selected by the Punjab Public Service Commission. The terms of appointment which the appellant accepted were as follows: (1) The post belongs to provincial service Class I and is temporarily sanctioned upto 28-2-1955 for the present but is likely to continue thereafter. It is non-pensionable but the permanent Government servant if appointed to it will be allowed to retain his pensionary status. The incumbent of the post will be eligible to subscribe to the General Provident Fund according to the rules of that fund. (2) The period of probation will be six months for candidates already in service and one year for direct recruits. The appointment can be terminated by three months' notice on either side, except in the case of misconduct, inefficiency, neglect or failure of duty, when the services will be terminated without notice."
(3.) The appellant accepted this post on a starting salary of Rs.825/- per month and the latter of appointment was issued to him on October 21, 1954. The appellant joined the post.;