V. RAMASWAMI, J.

(1) THIS appeal is brought by special leave from the judg- ment of the Punjab High court dated May 28, 1965 in Letters Patent Appeal No. 192 of 1965.

(2) THE respondent joined the Income-tax Department as an Upper Division Clerk. He was confirmed as an Upper Division Clerk with effect from 1/12/1949. On 25/10/1951 he was promoted as Inspector of Income-tax in an officiating capacity. On 8/04/1953 the respondent was "promoted to officiate until further orders as Income-tax Officer, Class II, Grade III". The order of the Commissioner of Income-tax dated 8/04/1953 is to the following effect :

"ORDER

ESTABLISHMENT Gazetted Class II servants promotion, transfer and posting of Shri Ranjit Singh Dhaba, officiating Inspector, Special Survey Circle, Amritsar is promoted to officiate until further orders as Income- tax Officer, Class II, Grade III in the scale of Rs. 278-25-560-EB-30-800 and posted as Income-tax Officer, Special Survey Circle, Patiala with effect from the date he relieves S. Bahadur Singh since reverted. He is also appointed to hold charge of Special Survey Circle Patiala II in addition to his own duties relieving S. Gurbax Singh since