JUDGMENT

K. RAMASWAMY, J.:— The facts in this appeal would lie in a short compass. The appellant appointed the respondent as Lower Division Clerk on September 22, 1966 and put him on probation for a period of two years which expired on September 21, 1968. On December, 9, 1968, the appellant served him with one months notice terminating the services with effect from Jan., 9, 1969. Calling in question the order of termination, the respondent laid the suit for declaration that the termination without enquiry and an opportunity of being heard was violative of Rule 9A of the Madhya Pradesh Civil Service Classification, Control and Appeal (Rules), 1966 with consequential declaration that he became a permanent employee of the Corporation with continuity of the service and arrears of salary. The trial Court dismissed the suit and on appeal it was confirmed. The High Court in Second Appeal No. 315/70 by judgment and decree dated April ll,. 1977 allowed the appeal and decreed the suit as prayed for. On leave under Art. 136 the appellant filed this appeal.

2. Shri S. K. Gambhir, learned counsel for the appellant contended that the respondent being a probationer acquires permanent status only o