BALAKRISHNA AYYAR, J. :- By a notification dated 22-6-1960 and bearing S. R. O. No. A. 4436 of 1960 issued in the Public Department, the Government of Madras appointed Mr. Alagiriswami, to be Government Pleader with effect from 01-7-1960 "on his retirement from the Madras State Higher Judicial Service". In the present petition the validity of this appointment is questioned.

2. Mr. Alagiriswami, the first respondent, was enrolled as an advocate of this Court on 16-3-1936. Some five and the three-quarter years later, that is the say, on 3-12-1941, he was appointed as District Munsif and served in that capacity in different places the 5-4-1947. In that year he was appointed as Private Secretary to the then Chief Minister of Madras, which position he held till 1950. Between 1950 and 1953 he underwent training as Legal Draftsman in New Delhi. On the termination of his training he was appointed as Secretary to the Trade Marks Committee and thereafter as Special Officer for the Revision of the Trade Marks Act.

On his relinquishment of that office he was appointed as Joint Secretary to the Government in the Legal Department and subsequently he was promoted as Secretary in that Depar