( 1 ) THE petitioner in this case is one Dr. Prem Behari Lal. The relevant facts minus unnecessary details are that he was appointed by the Government on the post of Anaesthetist at the State hospitals at Kanpur which are Ursla Horsman Memorial Hospital and Sri Lajpat Rai Hospital. This was done in 1951 on a scale of 200-10-250 EB 10-310 EB 14-450. Prior to his appointment on this post the Public Service Commission was in the usual course asked to make the selection. The notification issued by the Public Service Commission inviting applications from prospective candidates has been filed as Anncxure 4 to the main affidavit of the petitioner. In this document various matters which it was necessary to notify to the candidates were also mentioned but the one which is directly relevant here was as follows :

"each Anaesthetist will be under the direct control of the Civil Surgeon of the District concerned and will administer anaesthetics to the patients at the Government hospitals in the city under the directions of the Civil Surgeon. He will not be attached to any particular hospital but will serve all the State hospitals in the city and will aiso train medical officers