A.K. Mukherjea, J. - (1.)This is an appeal against a judgment and order dated August 10, 1965, of Basu, J. by which Basu, J. had discharged a Rule arising out of an application under Article 226 of the Constitution of India. The facts of the case are as follows:
(2.)Sometime in March 1948 the Petitioner was appointed as a probationer for the post of Assistant Conservator of Forests. He completed his course of training in the Superior Forest Service College at Dehra Dun and was appointed temporarily as an Assistant Conservator of Forests of the Andaman Forest Department with effect from April 1, 1950. On October 5, 1957, the Petitioner was promoted to officiate as Deputy Conservator of Forests, Middle Andamans. On November 28, 1960, the Petitioner's name was shown in the second place in the seniority list of Deputy Conservator of Forests. On September 28, 1962, a notification was published in the Andaman and Nicobar Gazette where the names of some of the officers of the Andaman Forest Department, who had been confirmed against certain permanent class II posts indicated against their names were published. It appears that the Petitioner's name had been omitted from, that list. Being aggrieved by this omission of his name, the Petitioner made a representation to the Secretary to the Government of India in which he contended that the omission of his name from the notification was illegal. In reply to this representation the Petitioner was informed by the Secretary to the Chief Commissioner, Andaman and Nicobar Islands in a letter dated December 26, 1962, that he had 'not been' considered fit for confirmation as Assistant Conservator of Forests. By an order dated February 1, 1963, the Petitioner was reverted to the post of Assistant Conservator of Forests on an alleged ground of unsuitability. By an order of the same date, the Petitioner was transferred to Madras. On February 5, 1963, the Petitioner sent what he describes as a letter demanding justice to the Chief Commissioner, Andaman and Nicobar Islands, and to the Chief Conservator of Forests, Andaman and Nicobar Islands. In this letter he challenged the legality of the order of the reversion by which he had been reverted to the post of Assistant Conservator of Forests. He demanded that this order should be withdrawn or recalled. When the order was neither recalled nor withdrawn, the Petitioner made an application under Article 226 of the Constitution challenging the legality of the notification dated September 28, 1962, as well as the legality of the decision by which the Petitioner had been declared unfit for being made permanent in the post of Assistant Conservator of Forests and also the legality of the two orders dated February 1, 1963. The Petitioner prayed for quashing of the aforesaid notification, decision and orders.
(3.)Mr. Dutta, appearing for the Petitioner, contended before Basu, J. that the Petitioner should be deemed to have obtained a status of quasi -permanency according to the Central Civil Services (Temporary Service) Rules, 1949 (hereinafter referred to as the Temporary Service Rules) as he fulfilled all the conditions laid down in Rule 3 of those Rules and also because the Respondent had considered him fit for promotion to a higher post. Mr. Dutt contended that the notification dated September 28, 1962, offends against Article 16 of the Constitution and contravenes the provisions of Rule 7 of the Temporary Service Rules and that the two impugned orders infringed Article 311(2) of the Constitution. It was also argued that the impugned orders had not been made by the competent authority. Basu, J. rejected all the contentions of the Petitioner and discharged the Rule whereupon the present appeal was preferred.