Chattopadhyay, J. - (1.) This appeal has been preferred by a Railway Officer who had to retire from service without being confirmed inspite of holding several responsible posts in the establishment of the Railways for couple of years.
(2.) The appellant-writ petitioner was initially appointed as an Assistant Engineer in the Ministry of Railways and posted as Assistant Engineer (Planning) in Eastern Railway after due selection by the Union Public Service Commission. The aforesaid posts as per the advertisement were temporary for a period of two years in the first instance but the same were likely to continue. The terms and conditions for appointment to the aforesaid posts of Assistant Engineer have been specifically mentioned in the advertisement for the information of the candidates. The relevant informations regarding the terms and conditions of appointment mentioned in Clauses 5, 7 and 8 of the aforesaid advertisement issued by the Union Public Service Commission are very much relevant and the same are reproduced hereinbelow : "5. Probation :-Six months 7. The posts are non-pensionable. Selected candidates will be eligible for subscribing to Provident Fund after one years' continuous service. But the contribution will be credited with retrospective effect only on confirmation. 8. Candidates will be eligible for being considered for absorption in permanent vacancies at the rate of 6 per year and may be considered for promotion to senior grade post in the scale of Rs. 600-40-1000-50/2-1150 according to the exigencies of service."
(3.) Undisputedly, the appellant-writ petitioner held the post of Assistant Engineer (Planning) in Eastern Railways on and from 31st December, 1955 to 17th May, 1956. On 18th May, 1956 the said writ petitioner was transferred to the South-Eastern Railway as District Engineer (Construction) and was posted at various places till 1958 in the aforesaid capacity. The authorities thus allowed the appellant-writ petitioner to officiate in the promotional post of District Engineer on and from 18th May, 1956.;