( 1 ) THIS is a suit for a declaration that the plaintiff is still a member of the West Bengal Fire Service, for recovery of arrears of salary and for other reliefs.

( 2 ) DURING the war in 1943, Bengal Fire Service was created by the Government of Bengal, it was a part of the A. K. P. Organisation of the Civil Defence branch. The plaintiff was appointed a Station Officer, Bengal Fire Service for Barisal. He was to be on probation for three months and was to be confirmed to the post on the expiry of the term, provided his work was found to be satisfactory. The department was temporary and the plaintiff's office could not but be temporary. In December 1945, he was confirmed as a Station Officer, Barisal, till 38-2-1956. His term of appointment was extended from time to time. After the partition of Bengal, the plaintiff opted for service under the Government of West Bengal and by a telegram dated 10-9-1947, by the Regional Officer, Barrackpore, the plaintiff was directed to appear before the Director of Posting. It appears from a Circular Memorandum issued by the Chief Secretary of the West Bengal Government, that the postings of those officers, who have opted for West