R. N. MISRA, J.

( 1 ) THE petitioner claims to have passed the final examination in Civil Engineering from the Institute of Engineering Technology at Kum-banad in the State of Tamil nadu in 1956. Between May 1956 and May, 1959, he served as Overseer under the Collector of Puri and thereafter for six months he served under the Board of revenue. By order dated 1-4-1961, the Jharsuguda Municipal Council (Opposite party No. 1) appointed him as an Overseer. His order of appointment ran thus:-

" shri M. K. Raghavan, at present resident of Jharsuguda is appointed as overseer (Civil) of Jharsueuda Municipality in the scale of Pay of Rs. 110-5-150-EB-8-190 EB-10/2-250/ with usual dearness allowance of Rs. 7. 50 n. p. The appointment is purely temporary and terminable at any time without any notice. The appointment is subject to production of fitness certificate from Asst. Surgeon, Government Hospital, Jharsuguda; verification of antecedents and character. "

( 2 ) IN April 1961, the Executive Officer of the Municipal Council wrote to the Deputy commissoner of Sambalpur pleading for sanction of permanent post of Overseer and mentioned about the petitioner's appointment. On 16th September, 196