O. H. MOOTHAM, CJ.

( 1 ) THIS is an appeal from an order of Mr. Justice Mehrotra dated the 20th October, 1955, which gives rise to a question of some interest.

( 2 ) THE relevant facts are these: The respondent, who had obtained the degree of M. B. B. S. from the King Edward Medical College, Lahore, in 1939, migrated to India from Pakistan in 1947. He applied for appointment in the Public Health Service of this State, and on the 20th June, 1949, he was appointed temporarily in that Service for a period of six months in the Dehra Dun district. By a subsequent order dated the 24th June, 1950, he was appointed as Medical Officer in the service on two years probation from the date on which he had originally joined, namely the 20th june, 1949. On the 16th October, 1950, he was informed by the Director of Medical and Health Services, U. P. , that the post to which he had been appointed was permanent and pensionable and that He would be confirmed in it in due course provided his work was satisfactory. The period of probation expired on the 19th June, 1951. No formal order was made confirming the respondents appointment but he continued in the service of the State, and on the 2nd September

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