Sinha, J.

1. THE facts in this case are shortly as follows:-

THE petitioner was an employee in the Military Engineering Service known as M, E. S. In 1940 he joined service as a qualified overseer and subsequently rose to the position of Superintendent of the first grade. It appears that he was appointed by the G. E. Ishapore and subsequently on 21-8-1941 Articles of Agreement were drawn up signed both way the G. E. Ishapore as also by the petitioner. THE Articles of Agreement recited the prior appointment and then proceeded to enumerate the terms and conditions of service. It is in a form known as Form "IAPZ 2055". It is headed as

"Form of agreement to be executed by permanent and temporary clerks, etc. applicable to accountants, clerks, cashiers, copyists, agents, storekeepers and all other civilian employees and to be pasted in the service books upon execution."

THE Articles of Agreement contained the following clause:

"5. If the Government or the appointing officer shall at any time become desirous of dispensing with the services of the employee, the Government or the appointing officer shall subject to Clause 6 of this agreement give the employee one calendar month's notic