JAGDISH SAHAI, J.

( 1 ) THE facts giving rise to this petition have been fully given by my brother Gurtu and it is not necessary to narrate them again in this judgment. The questions for determination in this case are as follows : 1. Whether or not the petitioner Sri Prithwi Nath Chowdhry was a member of the civil service of the State of Uttar Pradesh or held a civil post under the said State within the meaning of Articles 310 and 311-of the Constitution of India?

( 2 ) WHETHER the termination of the petitioners services amounts to an order of removal so as to attract the provisions of Article 311 of the Constitution of India?

( 3 ) WHETHER the new Rule 7 of the U. P. State Law Officers Rules 1942, is prospective or retrospective in its application and whether the petitioner could be retired from service before completing full three years of service after his reappointment?

( 4 ) WHETHER a writ can be issued in the circumstances of the present case? 2. Admittedly the petitioner was appointed as a law officer under the United Provinces Crown law Officers Rules, 1942, (hereinafter called the Rules ). Rule 2 of the said Rules runs as follows :

"2. The posts dealt with by these rules are t