( 1 ) THE facts in this case are shortly as follows: Prior to the partition, the petitioner had been working in East Bengal in different departments under the Government of Bengal since 1941. After the partition, on or about the 19th January 1948, the petitioner was appointed as a Lower Division Assistant in the office of the Registrar of Orphans under the Education Directorate of the Government of West Bengal. A copy of the letter of appointment is Annexure 'x (1)' to the further affidavit filed by Sri Tamash Ranjan Roy, dated the 18th June 1957. It appears from that letter that the appointing authority is the Orphanage Officer and Registrar of Orphans of the Government of West Bengal. It is admitted in the petition that the Orphanage and Registration Section is a section of the Education Directorate of West Bengal. My attention has been drawn to a notification, being West Bengal Services (Revision of Pay) Rules, 1950, which was published in the Calcutta Gazette, Extraordinary, on the 13th June 1950. It clearly shows that the Orphanage Section is a section of the Office of the Director of Public Instruction. Since the 7th June 1949, the petitioner was working as a clerk