B.N.KIRPAL, J.

(1) SPECIAL leave granted.

(2) THE appellant had appointed the respondent as a Naib Tehsildar on temporary basis. The respondent was required to pass the departmental examination. Though the appointment was made on 8/10/1973, the respondent could not pass the examination and on 26/04/1976 his probation was extended for a period of one year. When the respondent still did not pass the examination, a show cause notice was issued to him as to why his services should not be terminated.

(3) THIS show cause notice was challenged by the respondent by filing a writ petition in the High Court. On 9th October, 1996, the single Judge dismissed the writ petition. He came to the conclusion that the respondent herein was granted nine years time to clear the departmental examination but he had failed to do so. The learned single Judge upheld the order of discharge which had been passed against the respondent in terms of Rule 22(1)(c). In appeal, the Division Bench reversed the decision of the single Judge, inter alia, on the ground that some other Naib Tehsildars were allowed to continue even though they had not passed the examination.

(4)