JUDGMENT

R.C. Lahoti, J.-Leave granted.

2. On 2.7.1977, Kuladhar Phukan, the respondent No.1, was appointed as a judicial officer in Assam Judicial Services Grade-III and on 5.7.1977, he was posted as Judicial Magistrate Second Class at Tinsukia. On 27.2.1986, the Government of Assam, Judicial Department : Judicial Branch made an advertisement inviting applications for appointment for a post of Deputy Secretary in Grade III of Assam Legal Service. Such appointment was to be made under Regulation 3(e) of APSC (Limitation of Function) Regulations, 1951 to meet the immediate need. The appointment was temporary and terminable without notice on the post being filled up through the Assam Public Service Commission (APSC) by way of regular recruitment. The field of recruitment was advocates or pleaders with five years practice or judicial officers with five years standing. The respondent No.1 made an application which was forwarded by the High Court of Assam. He was selected and appointed "temporarily and until further orders" in Grade III of the Assam Legal Service. Copies of notification of appointment dated 18.7.1986 were sent to the Registrar, Gauhati High Court, Gauhati with a reque