This is plaintiffs second appeal.

The plaintiff had filed suit for declaration that he held the permanent post of Graduate Assistant Teacher in Aided Malay High School and that the order dated 24.3.75 was void and illegal, on the allegations that he had been appointed Graduate Asstt. Teacher in the said school in the vacancy caused by up gradation of the permanent incumbent Shri B.B.Chakravorty by order 3.7.69 tempor­arily. The plaintiff had joined on 7.7.69. The appointment was regularised and the plaintiff was allowed to serve in substantive permanent post continuously. Sri B.B.Chakravorty was appointed in the permanent post of Asstt. Head Master with effect from 1.5.72, The plaintiff applied for confirmation on 14.8.1974. The plain­tiff's service was terminated by notice dated 18.8.74, w.e.f. IS.7.74, but it did not take effect, and the plaintiff was allowed to continue. However, by order dated 24.3.75 the plaintiff's service was terminated with immediate effect. Hence the suit was filed.

The respondents the Management Committee and others contested suit on the ground that the plaintiff had held a temporary appoin­tment in a temporary vacancy, that after advertisement on selection

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