Judgments:-Krishnaswami Nayudu, J.-The plaintiff was a member of the Indian Civil Service, who joined duty at Madras in October, 1937. He was Sub-Collector and Joint Magistrate at Dindigul and on 2nd June, 1947, he went on leave. While on leave at Madras, he received a memorandum issued by the Government of India, Home Department, dated 18th June, 1947, Exhibit P-2, asking him to communicate within 10 days of the receipt of the letter whether he wished to continue in service of the Government in view of the withdrawal of the Secretary of State’s control over His Majesty’s services consequent on the intention to transfer power from the British Government to Indian hands, or whether he desired to retire from service. He sent a reply to the Joint Secretary, Home Department, Government of India, with a copy of the same to the Chief Secretary to the Government of Madras on 2nd July, 1947, Exhibit P-3, expressing his desire to continue to serve the Madras Government. On 9th August, 1947, he received a demi-official communication from Mr. Scott Brown, Chief Secretary to the Government of Madras, Exhibit P-6, dated 7th August, 1946, informing him that the Government have decided not to ret

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