K.Ahmad, J.

1. The plaintiff, who is the respondent here was until the 26th March, 1958, in the service of the Indian School of Mines and Applied Geology as a Laboratory Assistant, attached to the Department of Pnysics and Mathematics in the scale of Rs. 40-1-50-2-60 along with the usual dearness allowance. On 26-3-58, however, he suddenly received a letter from the Director of the. School terminating his service with effect from 28th April, 1958. Subsequently, on enquiry, he learnt from a Government letter dated 28th/29th March, 1958 that the termination of his service was effected under Rule 5 of the Central Civil Services (Temporary Service) Rules, 1949, as both the post and appointment was temporary and was not the result of any complaint or allegation made against him.

The plaintiff thereupon got a notice under Sec.30 of the Code of Civil Procedure served on the Director or the School on 16-4-58 and thereafter the present action was brought on 25-4-1958 for a declaration that the aforesaid letter dated 26-3-58 terminating his service with effect from 28th April, 1958, was illegal, ultra vires and without jurisdiction and was also arbitrary and discriminatory and as suc