Judgment

AYYANGAR, J.: A very short question regarding the proper construction of Rule 50 (b) of the Bombay Civil Services Rules is involved in this appeal which comes before us by a certificate of fitness granted by the High Court of Mysore under Art. 133 of the Constitution.

2. The facts giving rise to this appeal which are necessary to be narrated to appreciate the only point urged before us were these : The respondent was recruited as an Upper Division Clerk by the Government of Bombay in 1931 and was later appointed substantively as a Junior Assistant in the Political Department. While so, on September 17, 1943 his services were transferred on deputation to the office of the Controller of Rationing, Bombay to work as a Senior Assistant in the newly started Rationing department which was a temporary department. He obtained successive promotions in this department and by March, 1954 he was drawing a pay of Rs. 460 - p.m. in the grade Rs. 350-30650 as Rationing officer. That department was abolished in March, 1954 and thereafter he was reverted to his parent department. Though his parent department was the Political Department, the respondent was, after he ceased to be a Rationing