JUDGMENT :

P.T. Raman Nayar, J.—The petitioner is an Assistant Surgeon appointed temporarily under Rule 9 of Part II of the Kerala State and Subordinate Services Rules. Whether or not he is a member of a service, he holds a civil post under the Kerala Government and is, therefore, a Government servant within the definition in Rule 2(d) of the Kerala Civil Services (Classification, Control and Appeal) Rules and is, therefore, subject to disciplinary action under Rule 11. Admittedly he applied for regular appointment as an Assistant Surgeon, and one of the conditions of the notification issued by the Service Commission when calling for applications was that only candidates willing to join the defence services need apply. This condition was inserted as directed by Government by their order Ex. P. 4 dated 2 March 1965 to serve as an incentive for joining the defence services where there was a shortage of men in technical categories such as engineers and doctors. Thus, by his very application, the petitioner expressed his willingness to join the defence services, but, when called upon to make an application for the purpose, he declined to do so. Government have, therefore, initiated disc