JUDGMENT

B. P. JEEVAN REDDY, J.—Leave granted.

2. Heard counsel for the parties.

3. The appellant was selected as a Steno-Typist by the Haryana Subordinate Services Selection Board and appointed as such in the Haryana Civil Secretariat on 5-1-73. On 8-1-86 his services were placed at the disposal of Directorate of Local Bodies Haryana, Chandigarh as an Assistant. The order dated 8-1-86 appointing him as an Assistant in the Directorate reads as follows:

"Shri Ram Parkash, Steno-typist, Haryana Civil Secretariat is appointed on transfer basis in this directorate as an Assistant in the pay scale of Rs. 525-1050. This appointment is purely temporary and he can be reverted back to his parent department as and when his services will not be required.

He will be on probation for one year and his lien will be retained in the Haryana Civil Secretariat until he is confirmed in this Directorate".

4. While he was serving in the Directorate, a vacancy arose in the category of Personal Assistant. A shorthand/ typiest test was held on the basis of which the appellant was selected and promoted as a personal Assistant. The order of promotion reads as follows:

"Shri Ram Prakash Makkar, Assistant of this directorate is hereby promoted to the post of Personal Assistant to Director, Local Bodies, Haryana in the pay scale of Rs. 1640-60-2600-EB-75-2900 + 75 / - Spl. pay. He will be on probation for a period of one year, which can be extended up to a maximum period of one year. If his work and conduct during the probation period is not found satisfactory he will be liable to be reverted to the post of Assistant without assigning any reasons.

Dated Chandigarh

the 4th Sept. 1987. R. S. Kailay

Director, Local Bodies,

Haryana, Chandigarh".

5. His probation was declared to have been completed satisfactorily in the post of Personal Assistant by an order dated 5th October 1988. The order reads as follows:

"As per terms and conditions of promotion order of Shri Ram Prakash Makkar, Assistant to the post of Personal Assistant to Director, Local Bodies, Haryana, issued vide Endst. No.7187-2A-87/32121 dated 4-9-1987, he has been declared to have completed his probation period from 4-9-1987 to 5-9-1988 satisfactorily."

6. Sometime in 1988-89 the appellant appears to have requested the Director , Local Bodies, Haryana that he may be absorbed in the Directorate. He expressed his disinterestedness in going back to Secretariat. On the basis of his request a letter was written by the Director to the Deputy Secretary to Government, Haryana Secretariat Establishment (letter dated 6th February, 1989) stating "that the post of Personal Assistant in this Directorate is a temporary one and he is a confirmed employee of Haryana Civil Secretariat and he cannot be absorbed permanently in this Directorate, unless his lien is terminated from the Civil Secretariat. It is requested that the lien of the official may be terminated from the Civil Secretariat, so that lie can be absorbed in this Directorate, as this department has no objection in absorbing this official against the post of Personal Assistant." On 15th February 1989 a letter was addressed by the Chief Secretary to the Haryana Government to the Director, Local Bodies stating that "according to rule 3.15 of C.S.R. Vol. I Part-I, the lien of Shri Ram Parkash, Steno-typist can be terminated from Civil Secretariat only as and when he will be confirmed in your Directorate". On 23rd February 1989, the Director wrote to the Chief Secretary requesting that "the lien of Sh. Ram Parkash from the post of Steno-typist may be terminated, so that the official may be absorbed in the Directorate, as this Directorate has already referred the case to Govt. for converting the temporary posts into permanent and it is hoped that these posts will be made permanent shortly. So under the provision of rule 3.15 of CSR Vol. I Part I, the incumbent will not have to remain without lien for a long time and it will also not bring adverse effect on the services