Judgement

ROY, J.:- This is an appeal by special leave against the judgment and order dated September 12, 1966, in Civil Rule no. 381 of 1965 of the High court of Assam and Nagaland. By this judgment a Division Bench of the High Court allowed the petition under Article 226 of the Constitution filed by the respondent S. N. Sen. The facts shortly are as follows:

2. Respondent No. 1- S. N. Sen - was initially appointed as an Extra Assistant Commissioner by the Governor of Assam on December 21, 1950. Thereafter he opted for judicial Service and was appointed Munsiff by the Governor of Assam with effect from January 1, 1955. He was confirmed in the post of Munsiff in Assam Judicial Service (Junior) Grade II with effect from December 8, 1956.

3. On or about December 15, 1961, respondent No. 1 was promoted to act as the Additional Sub-Judge, Cacher, and he took charge on December 22, 1961. The High Court of Assam and Nagaland confirmed the appointment of respondent No. 1 in the Judicial Service (Junior) Grade I with effect from March 1, 1964 against the post of sub-Judge No. 2 Gauhati. This post of sub-Judge No. 2 Gauhati, was temporary, but had been made permanent on December 31, 1963. Thi