Judgment

SINGHAL, J.:- This case for rehearing the appeal has come up before us in these circumstances.

2. Appellant K. N. Bahl was B.Sc. (Agriculture) when he was appointed Overseer, Government Archaeological Gardens in Lahore, in 1935. After the partition of the Country, he was employed as Sub-divisional Officer (Horticulture) P. W. D., B. and R. (Development) by the Government of East Punjab. He was selected for appointment as Assistant Superintendent of Archaeological Gardens in Delhi by the Union Public Service Commission and took up that appointment in 1950 with the concurrence of the East Punjab Government. While serving on that post, he went to U.S.A. for further studies in Harvard and Cornell Universities in 1951. While he was still there, the Punjab Government issued an advertisement in 1952, inviting applications for the post of Landscape Architect, Capital Project, Chandigarh, in the scale of Rs.625-1275. He applied for the post, and was appointed as Landscape Architect on a temporary basis by an order dated May 24, 1952. He returned after graduating M.Sc. (Cornell) and becoming an Associate of the Institute of Landscape Architects, England, in 1953. The Punjab Government issued an order fixing his pay at Rs.825/-. The Government of India requested the Punjab Government by a telegram dated May 30, 1953, for a short extension in the time allowed to Bahl to join as Landscape Architect, Chandigarh. He was relieved by the Government of India on June 27, 1953, and reported for duty at Chandigarh on June 30, 1953. He was however not allowed to join as the Chief Engineer took the stand that he was not in possession of the order of his appointment. The State Government in fact appears to have taken the view that as Bahl had failed to join the Capital Project by June 1, 1953, the post had been filled by another candidate and the offer of appointment to him stood cancelled on May 30, 1953. The Punjab Government appointed Harinder Singh Dhinsa as Landscape Architect by its order dated July 16, 1953. Even though the Government of India sent a letter on August 8, 1953, explaining the delay in relieving Bahl and pointing out that it was not due to his fault, he was not allowed to join. The Punjab Government wrote back in reply that the offer stood cancelled on May 30, 1953, and could not be revived. Bahl therefore rejoined the Government of India on September 30, 1953.

3. It so happened that the Punjab Government once again advertised the post of Landscape Architect in 1954 stating that it was a temporary post but was likely to continue after February 28, 1955, and the period of probation would be six months in case of persons already in Government service and one year for direct recruits. The Public Service Commission selected Bahl for the post and recommended a starting pay of Rs.825/- in its letter dated July 13, 1954. The State Government was requested to send special assessment reports on the amount and quality of Bahls work in accordance with the earlier instructions. Accordingly, a letter of his temporary appointment as Landscape Architect on a starting pay of Rs.825/- was issued by the State Government on October 21, 1954, requesting the Government of India to relieve him immediately. Bahl joined that post, and a notification was issued in the State Gazette dated November 23, 1954, intimating that he had taken over charge as Landscape Architect and Sub-divisional Officer (Horticulture Sub-division) on November 6, 1954.

4. The probationary period of six months expired on May 5, 1955, but no action was taken about Bahls confirmation. On the other hand, his period of probation was extended up to June 14, 1957. Bahls representations for confirmation went unheeded. It has been specifically stated in paragraph 13 of the writ petition that there was "further extension of the post up to February 28, 1958 and the end of March 1958 and after that the post was extended monthly but the petitioner was not paid after May 1958, although th