BOSE, C. J. :- This is an appeal from an order of J. P. Mitter, J. dated the 22nd of April 1959 discharging a Rule issued under Art. 226 of the Constitution.

2. The facts giving rise to this appeal are shortly as follows :

On 5th April, 1948 the appellant was employed as a Junior Accountant under the Assistant Regional Controller of Procurement at a monthly pay of Rs. 60/-. On 5th July, 1949 he was promoted to the rank of an Accountant and according to the appellant the scale of pay of the appellant was on the time scale basis of Rs. 80/- per month in the scale of Rs. 80-85-5/2-120. The details of the time scale of pay are given in paragraph 4 of the petition and the appellant alleges that he got his pay on the said scale up to 31st January, 1954; but he was informed by the Assistant Director of Procurement and Supply (Personnel), Food and Supply Department, by a memorandum dated 30-1-54 that the appellant would get a fixed pay of Rs. 80/- instead of his salary of Rs. 120/-. The memorandum also contained a direction that the drawing of the increment by the Accountants in the scale of pay of Rs. 80-85-5/2-120 should be stopped immediately. It is said that by reason of the sa