Judgment

PALEKAR, J.:- This appeal arises out of a certificate granted by the High Court of Punjab under Art. 133 (1)(c) of the Constitution. The appellant graduated from the College of Agriculture at Lyallpur with high academic distinctions in the year 1935. He then entered the service of the then Punjab Government as an Overseer of Gardens. After the partition in 1947, he opted for service in India and entered the service of the Government of East Punjab. In 1950 the Union Public Service Commission selected him for appointment to the post of Assistant Superintendent of Archaeological Gardens at Delhi and he joined that post with the consent of the East Punjab Government. In 1951 he proceeded abroad for further studies in U.S.A. and England and obtained high qualifications in Landscape Architecture. While he was still abroad, the Punjab Government advertised a post of Landscape Architect in the Capital Project Administration in the grade of Rupees 625-40-1025/50-1275. The appellant having applied for the same, was selected for the appointment. He could not howeve, take charge of the post. He returned to India in 1953 and found that the post advertised had already been filed.

2. On 2