( 1 ) THIS second appeal was referred to a Full Bench by one of us because of a question of law of some importance arising in the case. One of the questions that arose for determination in the appeal was whether an employee of the Improvement Trust could claim to be a member of a civil service or holding a civil post as contemplated by Section 240 of the erstwhile Government of India Act (26 Geo. 5 ).

( 2 ) IN order to be able to realise the true scope of the question properly it is essential to state some of the facts giving rise to this appeal. The appeal was by the plaintiff who was an employee of the Improvement Trust, Luck-now. He occupied the permanent post of a building supervisor in the scale of Rs. 45-3-90 plus Rs. 3/- per mensem as cycle allowance. The plaintiff claimed that he had subsequently been promoted to the post of a trust inspector in the grade of Rs. 60-5-100 per mensem plus Rs. 35/- a month as conveyance allowance and Rs. 22/- a month as dearness allowance; further he was allowed Rs. 9/- per month as interim relief; in short he alleged that he was in receipt of a total sum of Rs. 1267- per mensem. The plaintiff was charged with having been guilty