ORDER

Delay condoned.

Leave granted.

2. This appeal by special leave arises from the judgment of the Division Bench of the Kerala High Court, made on 30.11.1990 in Writ Appeal No. 767/88 reversing the judgment of the learned single Judge.

3. The admitted position is that the respondent was appointed as an agent in the National Savings Scheme called Mahila Pradhan Kshetriya Bachat Yojana as per order dated 7th August, 1976 under which the respondent was working as an agent. The agency was terminated by order dated 2.8.1994 on the ground that the respondent is a near relation to the employee working in the Post Office (brother) and, therefore, agency was not validly created. The respondent challenged that order by filing a writ petition in the High Court and also the circular dated 5.12.1981 on the basis of which the said order was passed. The circular was challenged on the ground that it was discriminatory and arbitrary. The High Court fond that the circular was neither discriminatory and arbitrary and, therefore, dismissed the writ petition. Feeling aggrieved by the order passed by the learned single Judge, the respondent filed an appeal in the High Court. The Division Bench allowed th