Judgment

S. K. Das, J.: On May 1, 1946, Shri K. S. Srinivasan, appellant before us, was appointed to a post of Liaison Officer, All India Radio, on a pay of Rs. 350 per month in the scale of Rs. 350-20-450-25/2-550. The appointment was made on the recommendation of the then Federal Public Service Commission, and the advertisement or memorandum of information for candidates, as it is more properly called, issued by the Public Service Commission when calling for applications for the said post, related to the recruitment for nine posts of Listeners Research Officers and nine posts of Liaison Officers, All Indian Radio. It was stated in the said memorandum that the posts were permanent and pensionable, but would be filled on a temporary basis; the memorandum further stated that if the persons concerned were retained in service and confirmed in the posts, they would be allowed pensionary benefits and would also be eligible to contribute to the General Provident Fund. In the first instance the appointments were made on probation for six months subject to termination on certain conditions mentioned in para 4 of the memorandum, which need not be set out at this stage. The duties of a Liaison Officer were stated in para 5 of the memorandum, the main duty being to organise and conduct publicity for the programmes and other activities of a Radio Station. The designation Liaison Officer was later changed to Public Relations Officer, and along with other posts of Listener Research Officer and Assistant Station Director, the posts of Public Relations Officers were upgraded to Rs. 450-25-500-30-800 with effect from January 1, 1947. On May 23, 1952, the Director General, All India Radio, passed an order bearing No. 2 (1) A/50 in which it was stated that whereas the appellant had been in continuous Government service for more than three years and a declaration had been issued to him in pursuance of Rr. 3 and 4 of the Central Civil Services (Temporary Service) Rules, 1949, and whereas an appointment to the post of Public Relations Officer was required to be made in consultation with the Union Public Service Commission and their concurrence to the appointment had been obtained, the appellant was appointed to the Public Relations Officer s grade in a quasi-permanent capacity with effect from May 1, 1949. On September 3, 1952, however, the appellant received an order from the said Director-General in which it was stated that his services would not be required after October 6, 1952. The appellant was naturally taken by surprise on receipt of this order and made a representation on September 8, 1952, in which he stated that as a quasi-permanent Public Relations Officer he had a claim to an alternative post in the same grade, so long as any post in the same grade was held by a Government servant not in permanent or quasipermanent service. On September 13, 1952, the appellant was informed by means of an order that he was appointed to officiate as Assistant Station Director, Madras (the appellant was then working as Public Relations Officer. All India Radio, Madras) in a purely temporary capacity until further orders. On September 19, 1952, the appellant was informed that his representation dated September 8, 1952, was under consideration and a suggestion was made that in the meantime he should apply for one of the posts of Assistant Station Directors which had been advertised by the Union Public Service Commission. Then, on October 4, 1952, the appellant submitted a further representation in which he said that under the rules in question, namely the Central Civil Service (Temporary Service) Rules, 1949, he was entitled to be retained in service in a post of the same grade and under the same appointing authority; and it was, therefore, not necessary that he should be re-selected for the post of Assistant Station Director by the Union Public Service Commission. In the concluding paragraph of his representation the appellant stated that in deference to t