Judgment

BEG, J.:- This is an appeal by grant of a Certificate of the Delhi High Court under Article 132 read with Article 133(1)(b) and (c) of the Constitution.

2. The Appellant had filed a petition under Article 226 of the Constitution for quashing an order dated 10-3-1960 and had prayed for a consequential order also in the nature of a mandamus. Information of the impugned order (Annexure C to the petition), given to the petioner, reads as follows:

"The Union Public Service Commission have in pursuance of Rule 5 of the Central Information Service Rules, 1959, recommended Shri P. B. Roy, at present officiating as Editor in the Publications Division, for appointment, in a substantive capacity, to Grade III of the service at its initial constitution. Shri Roy is informed that the President has been pleased to post him as an Assistant Editor in the Publications Division with immediate effect".

3. The relevant facts, preceding and following the impugned order, which are admitted by both sides may now be mentioned.

4. In 1955, the post of Editor, Publications Division, in the Department of Information and Broadcasting of the Government of India (hereinafter referred to as the Department ), was advertised. The appellant, who had applied for the post, was selected by the Union Public Service Commission, and, on the recommendation, was offered a temporary post of Editor in the Pubications Division of the Department on an initial salary of the 720/- per month in the scale of Rs.720-40-1000 together with the usual allowances. The material terms and conditions of this employment were:

(i) The post is to be gazetted Class I;

(ii) The temporary post was sanctioned upto 28-2-1957 but was likely to continue;

(iii) Shri Roy (the Appelant) will be governed by the Central Civil Services (Temporary Service Rules) and other Rules applicable to temporary Government servants of his category;

(iv) He was to be on probation for 6 months which may be extended at the discretion of the appointing authority.

5. The Appellants had reported for duty on 1st August, 1956, as directed. On 27-3-1957, the Appellant s probation was extended by three months. Immediately thereafter, on 28-3-57, the Appellant s service were terminated under Rule 5 of the Central Civil Services (Temporary Service) Rules 1949, (Annexure D to the Rejoinder Affidavit of 20th February, 1964). On 5-3-1957, the Appellant made a representation against this termination of his service (Annexure B to the Rejoindeer Affidavit). On 27-4-1957, in response to this representation, the above-mentioned termination of the Appellant s service was rescinded (Annexure F to the Rejoinder Affidavit). On 28-4-1958, the President was pleased to terminate the probationary period of the Appellant and permitted him to continue in his post in a temporary capacity (Annexure B to the Affidavit supporting the Petition).

6. On 16-2-1959, the President of India, in exercise of powers conferred by the Proviso to Article 309 of the Constitution of India, promulgated the Central Information Service Rules, 1959 (hereinafter referred to as the Rules) which came into force on 21-2-1959. These rules were meant for the creation of a Central Information service with prescribed grades and their strengths. Entry into this service was open to "departmental candidates" by a procedure laid down in Rule 5 for the initial constitution of the service. In accordance with this procedure, the Appellant was required to appear before a Selection Committee on a given date, and after selection, he was posied by the impugned order as indicated above. On 11-3-1960, the Appellant assumed charge of the post thus assigned to him on the recommendation of the Union Public Service Commission. The Appellant then made a representation, dated 11-3-1960 (Annexure E to the Rejoinder Affidavit), against his appointment in Class II grade III post. He made other similar representations after that. His last representation was made on 25-8-1962. The App