JUDGMENT

Kapadia, J.-The question before us is: Whether the post of Assistant Public Prosecutor (hereinafter referred to as "APP") was a Civil Post under the State of West Bengal in terms of Section 15 of the Administrative Tribunals Act, 1985.

Background Facts

2. By Notification dated 9th April, 1975, the Governor of West Bengal was pleased to appoint the petitioner to act as an Assistant Public Prosecutor with effect from of his assuming charge in the court of Judicial Magistrate, Malda. The Notification was issued in exercise of the powers conferred by Section 25(1) of the Code of Criminal Procedure, 1973. The petitioner took charge as Assistant Public Prosecutor on 23rd April, 1975. On 29th January, 1977, he was posted in the Court of Chief Judicial Magistrate at Malda as Assistant Public Prosecutor. During this period the petitioner completed two years probation. As per Rule 4(d) of the Assistant Public Prosecutors (Qualifications, Method of Recruitment and Conditions of Service) Rules, 1974, on 31st March, 1978 he was appointed as Assistant Public Prosecutor in the Court of Judicial Magistrate at Malda. However, his services were terminated by the Governor of West Bengal with an