ORDER : - Sharda Prasad Srivastava has prayed for the issue of a writ of certiorari under Art.226 of the Constitution quashing the order dated 21-9-1954 removing the petitioner from service passed by the opposite party, the Accountant General, Uttar Pradesh, Allahabad.

2. The petitioner was appointed as a temporary upper division clerk in the office of the Accountant General, Uttar Pradesh, Allahabad in August 1950, he having applied for appointment to that post in response to an advertisement in the press inserted by the opposite party. According to the petitioner, the advertisement contained no condition that, after selection to the post and after working therein, the continuance of the petitioners service was conditional on appearing and passing in a departmental examination.

Nor was any such condition incorporated in the letter of appointment or in the contract of service which the petitioner was required to sign. The petitioner goes on to state that some time about the middle of the year 1953 the form in which the advertisement used to be issued was changed and it was specifically mentioned therein that the passing of the departmental examination would be a condition for confirm

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