1. THIS is an appeal from the judgment and order of Sabyasachi Mukharji, J. dated august 16, 1978 whereby the rule issued on the petitioner appellant's application under Article 226 of the Constitution was discharged subject to certain directions contained in the judgment.

2. THE petitioner's case as made in his application is as follows :

The petitioner is a highly qualified civil engineer with a first class degree in Civil engineering obtained in 1955 and is a member of various engineering institutes in India and abroad. He is also a law graduate, a registered architect and is author of a number of books and publications with a doctorate degree in Planning and Housing. Since 1961, after service in various foreign firms, he had been a senior covenanted officer in Jessup and Co. Ltd and in 1964 he applied for a post of Structural engineer in the Development and Planning (T and CP) Department of the government of West Bengal advertised by the Public Service Commission in the Scale of Rs. 1500-60-1800/- By order dated April 3, 1s65 he was appointed by the Government temporarily to act until further orders as Structural Engineer under the Calcutta Metropolitan planning Organiza