Anil K. Sen. J.

This is an appeal under clause 15 of the Letters Patent directed against the judgment and order dated March 21, 1971, passed by a learned single judge of this court in Civil Rule No. 2422 (W) of 1971. That .Rule was obtained by the sole respondent to this appeal on a writ petition which having succeeded before the learned trial judge, the State of West Bengal and its authorities have preferred the present appeal. The only point that arises for consideration in this appeal is as to whether the sole respondent Manik Gopal Mondal who is the Secretary of Ahmadpur Anchal Panchayat, Ahmadpur, District Birbhum holds a civil post under the State of West Bengal or not.

2. There is no dispute that the sole respondent was so appointed as the Secretary of the Ahmadpur Anchal panchayat in the year 1960 in accordance with the provision of S. 48 of the West Bengal Panchayat Act, 1956 (hereinafter referred to as the said Act) and the Rules framed thereunder. A dispute was raised by the said respondent that the post of a Secretary of an anchal panchayat is a civil post under the State, and as such, on his appointment to the post of Secretary he had become a civil servant unde