B.N. Banerjee, J. - (1.) On December 9, 1955, the petitioner was selected for appointment as an Income-tax Officer, Class II, Grade III, on certain terms and conditions. The terms which are material for the purpose of this Rule are set out below :- (ii) You will be on trial for a period of two years. During this period you will be under training, and will also have to pass the prescribed departmental examination which will be held half-yearly. The above period of trial will not be extended and if you fail to pass the departmental examination within the prescribed time, your services will be liable to be terminated. (iii) If, in the opinion of the Government, your work or conduct during the period of trial is unsatisfactory, or shows that you are unlikely to become an efficient Income-tax Officer, the Government may discharge you at any time during the period of trial. (iv) The post to which you will be appointed on successfully completing your period of probation is at present temporary. If, however, certain of these posts are made permanent, you will be considered for confirmation along with others on your successfully completing the period of trial and also being found fit in every respect for confirmation. (v) It should be clearly understood that your appointment is temporary and subject to any change in the constitution of the Income-tax Service, Class II, which the Union Government may think proper to make from time to time, and that you will have no claim for compensation in consequence of any such changes. The petitioner was asked to indicate his acceptance of the terms of appointment, if be was prepared to serve on those terms.
(2.) On the petitioner agreeing to accept service on those terms he was appointed with effect from December 15, 1955 but the formal letter of appointment was issued later on viz., on January 17, 1956. A relevant extract from the aforesaid letter is set out below: - "In exercise of the powers conferred by sub section (3) of Section 5 of the Indian Income-tax Act, 1922 (XI of 1922) the Commissioner of In come-tax, West Bengal, Calcutta, hereby appoints the under-mentioned person as Income-tax Officer. -------------------------------------------------------------------------------- Name Date of joining. -------------------------------------------------------------------------------- I. Sri Harabilas Biswas 15/12/55 (Forenoon) -------------------------------------------------------------------------------- Accordingly, he is, with effect from the date noted against his name, appointed to officiate as Income-tax Officer, Class II, Grade III and until further orders in the Income-tax Department, West Bengal, Calcutta in the scale of pay of Rs. 275-25-500-E.B.-30-650E.B.-30-800/.- under the terms and conditions intimated to him in the Government of India, Ministry of Finance (Revenue Division), letter F. No. 22 (10)-Ad.VI/54/IV, dated the 9th December, 1955, which has been accepted by him."
(3.) Although initially app9inted on probation for two years, the petitioner's probationership did not come to an end with the expiry of the period of two years but was extended from time to time the last of such extensions being made on October 24, 1961, whereby the probationership of the petitioner was extended up to March 31, 1962. The-petitioner never objected to such extensions of probationership being granted to him. Now, however, he states that he should have been declared as a quasi-permanent servant, after he had put in three years of service or should have been confirmed in the temporary service.;