Judgment

WANCHOO, J.: (On behalf of himself and Gajendragadkar, Subba Rao and Shah JJ.) This is an appeal on a certificate granted by the Punjab High Court. The appellant joined the Indian Civil Service in 1939 and was governed in matters relating to discipline by the Civil Services (Classification, Control and Appeal) Rules, (hereinafter referred to as the Appeal Rules) made by the Secretary of State for India in Council. He continued in service till the transfer of power under the Indian Independence Act. 1947. Under S. 10 of that Act he continued to serve under the Government of India and was entitled to receive from the Government of Indian or of the Province which he might from time to time be serving the same conditions of service as respects remuneration, leave and pension, and the same rights as respects disciplinary matters or, as the case may be, as respects the tenure of his office, or rights as similar thereto as changed circumstances may permit as he was entitled to immediately before the transfer of power, which took place on August 15, 1947. The same guarantee was extended to the appellant and all member of what were the Secretary of State s Services before. August 15