ORDER :- This is a petition under Art.. 226 of the Constitution by one R.N. Mohindra, one time employee of the respondent, the State of Himachal Pradesh, in the medical department, whose services were terminated by an order of the Directtor of Health Services dated 26-3-1951, for a writ of mandamus and such other directions as may be deemed fit to the respondent for restoration of the petitioner to the office of the Head Clerk in the medical department of the State and for payment to him, of arrears of his emoluments till toe date of his reinstatement. The application has been opposed on behalf of the State.

2. It appears that the petitioner was appointed a Head Clerk in the medical department of the former Sirmur State on six months probation in June 1944 and confirmed on that post on 6-3-1945. After formation of Himachal Pradesh, which took place on 15-4-1948, the petitioners services were continued in the medical department by the respondent. One of the points urged by the petitioner is that the respondent will be deemed to have retained his services as a permanent Head Clerk in the medical department. It is however not necessary to go into that question since it would be materia

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