( 1 ) THIS appeal is from the Judgment and order of Mitter. J. dated 27 July and 24 August 1965 discharging the Rule obtained by the appellant.

( 2 ) THE appellant obtained the Rules requiring the respondent to show cause as to why a writ of Mandamus should not go to recall, rescind and withdraw the order dated 9 October, 1963 and why a writ of Certiorari should not be issued quashing the order dated 9 October, 1963.

( 3 ) THE appellant's case in short is that the appellant was appointed an insurance medical practitioner under the State of West Bengal by virtue of provisions contained in Employees' State Insurance Act. 1948. The appellant further contended that it was a permanent post under the State Government. On 9 October 1963 a letter was written by the Deputy Secretary to the Government of West Bengal addressed to the appellant that "in exercise of the powers conferred by Sub-clause (1) of Clause 11 of Schedule I to the West Bengal Employees' State Insurance (Medical Benefit) Rules, 1965, the Governor has been pleased to direct that the services of Dr. N. G. Ghose under the Employees' State Insurance Scheme, West Bengal, will not be required by the Government after