- (1.) This if an appeal by special leave from an order dated 5/06/1967 of the Jammu and Kashmir High court summarily dismissing the writ petition filed by the appellant challenging the order of respondent No. 1, dated April 29, 1967 and another order of the respondent no. 3 issued in May 1967 by which the appellant was to be deemed to have been discharged from' the post which be was holding of a Research Officer in the Fisheries Department of the Jammu and Kashmir State.
(2.) The appellant claims that he had acquired specialised knowledge his educational qualifications being Ph. D in Zoology. He wag working as a permanent lecturer in Zoology in D. A. V. College, Kanpur since 1949 and in November, 1963 he was deputed by the University Grants commission, to the Jammu and Kashmir University to conduct independent research on hill stream fish in Kashmir. The government had by its advertisement dated 12/03/1965, invited applications through the jammu and Kashmir public service commission for one post of Research officer, Fisheries Department Srinagar. According to the advertisement (Annexure 1) the post was permanent and personable. The person appointed was to be on probation for a period of two years. In response to the advertisement the appellant submitted an application for appointment to the said post He wag interviewed by the State public service commission before whom be made it clear that be was willing to work as research Officer only if be was appointed on a permanent basis. Reference in this connection has been made to a letter, dated 19/06/1965 from the secretary, State Public Services Commission to the secretary forest Department. It appear that an order was made by the government on 5/08/1965 sanctioning the appointment of the appellant as a Research Officer in the scale of Rs. 450-30-600-40-800 at a starting pay of Rs. 640. 00 per month on a permanent basis in the Fisheries Department (Annexure 2). The appellant took charge of the office of Research officer, Fisheries Department on 1/09/1963. It is stated by him that on 29/04/1967 the secretary to the government Agriculture and Forest Department, telegraphically communicated an order to the director, Fisheries that the post of the Research Officer had been abolished on 31/03/1967. A copy of that telegram was forwarded to the appellant with a direction that he should hand over the charge Immediately. The appellant addressed a letter, dated 2/05/1967, to the Director of Fisheries that his services could not be terminated in the manner in which it had been done. The secretary to the government wrote to the director of Fishries on 5/01/1957 that the reduction of post involved loss of appointment of the incumbent of that post. As there was no post in the Fisheries Department, the appellant should be deemed to have been discharged from the date the post was abolished i. e , 31/03/1967 (Annexure 6)
(3.) The appellant filed a petition under Art 226 of the Constitution before the Jammu and Kashmir High court challenging the termination of his services as a Research Officer in the Fisheries Department of the state. It is claimed that all the necessary allegations were made in the petition which was supported by a proper affidavit and the annexures which lave been filed with the petition for special leave in this court; but the petition was dismissed in limine after the High court bad called for an affidavit from the State. In the affidavit which was swam by the secretary to the government, Agriculture Department, it was stated inter alia that the appointment of the appellant had been made in implementation of a scheme in the Fisheries Department which was sanctioned by the government in the first instance for the year 1965-66. Subsequently the government accorded sanction to the continuation of the post on "permanent and temporary basis" Again the government made another order dated 5/07/1966 in respect of the various posts of what is called "plain scheme" of the Fisheries Department for the year 1966-67. After the appointment of the appellant copies of the order of the government issued from time to time were forwarded to him. The appellant, it was asserted, was appointed under a scheme made for fisheries Department in which the post in question was never meant to be on permanent basis for all time and the appellant could bold it only so long as the post in question was never meant to be on permanent basis for all time and the appellant could bold it only so long as the post existed under the scheme.;