( 1 ) THE present appeal against a judgment and decree of dismissal is by the plaintiff who is a discharged Government servant in the Bengal Fire Service and who instituted a suit for a declaration that the order of his discharge which in effect is alleged to be an order of dismissal is void and inoperative, for a further declaration that he continues to be a member of the Bengal Fire Service and is as such entitled to all the benefits thereof and for a consequential relief in the shape of a decree for arrears of salary to the extent of Rs. 9,120/- with interest thereon at the rate of six per cent per annum. His case as made out in the plaint was that he was appointed as a Station Officer in the District of Barisal in August 1945 on probation for a period of three months and was confirmed in that appointment on December 19, 1945. His pay as such Station Officer was Rs. 75/- per month together with dearness allowance of Rs. 75, and he claims to have subsequently earned an increment of Rs. 10 per month on his salary.

( 2 ) ON the partition of the province of Bengal in August 1947, the plaintiff opted for West Bengal and was posted as a temporary Sub-Officer in th