B.C. Mitra, J. - (1.) This is an application for writs in the nature of certiorari and mandamus for quashing, recalling, cancelling and withdrawing several orders dated July 18, 1963, July 30, 1963, and August 3, 1963, whereby the petitioner was directed to report for duty as Animal Caretaker at the Central Drugs Laboratory, Calcutta.
(2.) On April 6, 1937, the petitioner was appointed a Laboratory Attendant at the Biochemical Standardisation Laboratory Ministry of Health, Government of India, at a pay of Rs. 20 per month. The said laboratory is now known as the Central Drugs Laboratory, Calcutta and is under the Ministry of Health of the Central Government. In 1943, the petitioner was given a permanent appointment as Animal Caretaker in the said laboratory and his basic pay was Rs. 82 per month in the scale of Rs. 55-3-85. Between 1949 and 1951 the petitioner officiated in the higher post of Store Clerk at the said laboratory, and this post carried a salary of Rs. 89 per month in the scale of Rs. 60-3-81-EB-4-125-5-130. In 1951, while holding the said post of Store Clerk, the petitioner applied for and was selected for the post of Senior Laboratory Assistant, Central Drugs Research Institute, Lucknow, which was an organisation under the Council of Scientific and Industrial Research (hereinafter referred to as the Council). This Council is a registered society under the Societies Registration Act, 1860. The new post to which the petitioner was appointed carried initial pay of Rs. 120 per month and was in the scale of Rs. 100-5-120-8-200-10/2-220/-. The petitioner was transferred to the said Central Drugs Research Institute on what was called "Foreign Service Terms", retaining his lien on the said permanent post of Animal Caretaker. In 1960 a new post of Junior Technical Assistant was created at the said Lucknow institute. The petitioner was selected for the post which carried a basic pay of Rs. 230 per month in the scale of Rs. 160-10-330/-. In March 1961 the petitioner applied for permanent transfer of his service or his permanent absorption in the service of the Council. The petitioner was asked to give his written consent to the termination of the lien held by him on the said post of Animal Caretaker at the Central Drugs Laboratory, Calcutta, and the petitioner accordingly wrote to the Director, Central Drugs Laboratory, on June 23, 1961, giving his consent to the termination of his lien on the said permanent post of Animal Caretaker. The petitioner contends that upon the surrender by him of his lien to the said permanent post, he was completely absorbed in the service of the Council and was treated as a permanent employee of the Council. It is further contended by the petitioner that upon his permanent absorption in the service of the Council, his parent office, namely, Central Drugs Laboratory, ceased to treat him as its employee and the petitioner's name was not included in the selection list maintained by the Central Drugs Laboratory in respect of its employees.
(3.) In March, 1962, the petitioner was promoted to the higher post of officiating of Junior Scientific Officer at the said Central Drugs Research Institute. In November, 1962, the petitioner was at first transferred to the Central Electro Chemical Research Institute, Karaikudi, but this order was modified and he was transferred to the Indian Institute for Biochemistry and Experimental Medicine, Calcutta. This Institute is an organisation under the control and supervision of the Council. The petitioner worked at this institute from December 17, 1962, to March 9, 1963, when he went on leave. 1968 Lab.I.C, 21.;