Judgement

GAJENDRAGADKAR, C.J.I. : This appeal which has been brought to this Court on a certificate granted by the Orissa High Court, raises a short question about the construction of R.6 of the Rules issued by the Governor-General in Council on the 15th September, 1936 for the protection of members of a Provincial or Subordinate service required to serve in, or in connection with, the affairs of Orissa (hereinafter called "the Protection Rules"). These Rules were framed by the Governor-General in Council in exercise of the powers conferred on him by S. 23 (2) of the Government of India (Construction of Orissa) Order, 1936, in view of the fact that a separate Province of Orissa had already been formed on the 1st April, 1936. The said question arises in this way.

2. The respondent, Durga Charan Das, joined as an Assistant in the old Bihar and Orissa Secretariat prior to the formation of the Province of Orissa. When the said Province was formed he was transferred to the Orissa Secretariat Home Department. In due course, he was promoted to higher posts, such as Junior Head Assistant and Senior Head Assistant,. On 24th April, 1954, while holding the post of Senior Head Assistant, he was