AGARWALA, J. :- Shyam Lal applicant, was a member of the Indian Service of Engineers occupying the post of the Superintending Engineer, VI Circle in the Irrigation Department of the State of Uttar Pradesh. He was promoted to the rank of Superintending Engineer in August 1944 and was holding that post when the dispute in the case, that calls for decision, arose. The applicant passed his Civil Engineering Examination from the Thomason College, Roorkee, in 1922 standing first in his class. He was awarded the Council of India Prize of Rs. 1,000/- for being the best student of the year and a prize of Rs. 250/- for being the best Indian student of the year. He was also awarded the Cautley Gold Medal for the best Engineering design of the year. He was appointed in the Indian Service of Engineers in October 1923 by the Secretary of State for India in Council.

At the time of his appointment the applicant was given a letter of appointment by the Secretary of State for India in Council which prescribed inter alia the conditions governing the applicants terms of appointment conditions of service, promotion, leave, pension etc. A copy of the letter has been annexed to the petition. Afte