( 1 ) IT is a settled principle of law that no person can take advantage of his own wrong. Will it make any difference if the wrongdoer is the mighty Government? it is true that the Government is an artificial person and has to act through human agency. But can the Government escape its responsibility if the human agency working for it or on its behalf does some wrong and then in the name of the Government some advantage is not sought to be taken of such wrong ? This petition under Article 226 of the constitution of India requires this Court to examine the petitioners grievances against non-protection of his pay and emoluments while declaring him surplus in the light of my aforesaid observations.

( 2 ) THE facts giving rise to this petition are not many and are not in dispute either. The petitioner obtained his graduation from the faculty of Arts with Hindi as his special subject from the Gujarat university in 1972 with flying colours. He got his first class thereat. He successfully completed his post- graduation again in Hindi from the same university in 1974 with second class. Shri trivedi for the petitioner informs me at the Bar that he secured 53 per cent mark