(1.) This appeal is from the judgment and order passed by Amiya Kumar Mookerjee, J. dated the 24th of May, 1974 discharging the Civil Rule No. 7465 (W).
(2.) The appellant is an officer of Survey of India who was appointed as a Probationary Officer, Surveyor (Class II) against a permanent post on the 1st of October, 1954. As he was not confirmed till 1964 he moved this Court in an application under Article 226 of the Constitution. Pursuant to direction given by this Court in the said writ petition the appellant was confirmed on the 15th of February, 1971 with effect from 1st of April, 1964. The appellant, thereafter, made a representation to the authorities claiming arrears of increment from the 1st of October, 1955 to 31st March, 1964 which was turned down on the plea that the appellant's increments were to be regulated under R. 21 of the Survey of India, Class II (Recruitment) Rules, 1962. Feeling aggrieved the appellant moved this Court in an application under Article 226 of the Constitution and obtained a Rule which was, as noted earlier, discharged.
(3.) The respondents contended before the Court below and in this Court that the appellant's case was governed by R. 21 of the Survey of India, Class II (Recruitment) Rules, 1962. Earlier Recruitment Rules of 1953, it is admitted by all the parties, have been repealed and the new Rules of 1962 came into force in their place. The Court below held that there was no provision as regards payment of arrears of pay and increment of a probationer in the 1953 Rules. In its view the 1962 Rules were applicable but the appellant's claim was not sustainable.