JUDGMENT

CHINNAPPA REDDY, J. —Curious indeed are the ways of the powers that be, in Bihar. The Bihar Public Service Commission published an advertisement inviting applications for the post of a Town Planner in the Government of Bihar. The post was stated to be permanent but the appointment was to be made initially on contract basis for five years. The selected candidate was to be on probation for one year with the benefit of Contributory Provident Fund. Shri L.G. Chaudhari, original appellant in this appeal- he having died during the pendency of the appeal, his legal representatives are now the appellants- was selected and by a notification dated 20th August, 1955, the Government of Bihar appointed him as Town Planner with effect from 5th August, 1955. The order of anointment recited that he would be on probation for a period of one year. Though the post was initially created on a permanent non-pensionable basis and appointment to it was made on contract basis for five years, the Council of Ministers, on 7th August, 1956, considered a proposal to make the post permanent and pensionable and to appoint Shri L.G. Chaudhari to that post on a permanent and pensionable basis, initially o