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1970 Supreme(All) 411

D. S. MATHUR
Narendra Bahadur Srivastava – Appellant
Versus
Public Service Commission U. P – Respondent


Advocates appeared:
K. K. Mishra, Advocate, for the Petitioner; B. D. Agarwala and S. C, for the Opposite Parties

JUDGMENT

Mathur, J. - This order shall govern Writ Petitions Nos. 4079 and 4080 of 1969, by Narendra Bahadur Srivastava and Ramesh Chandra, respectively, in which common questions of fact and law arise. They were, therefore, heard together and are being decided by one judgment.

2. Both the petitioners were, on completion of the training from Small Industries Services Institute and Khadi Gram Udyog Mahavidyalaya, appointed as Assistant Development Officers (Industries) grade II at Rs. 120- per month in the scale of pay of Rs. 120-8-200-EB-10-300 plus usual dearness allowance at State Government rates, under order dated 7-8-1961, annexure 'A' to the Writ Petition. The appointment was purely temporary and was governed by the conditions set forth in the Government Notification No. 0-230/11-B-1953 dated January 30, 1953, and was subject to the approval of the Public Service Commission, U. P., Allahabad, if and when necessary for which they will have to apply on their own accord. The petitioners had to give an undertaking on the prescribed form to serve on the post of a period of at least three years.

3. Narendra Bahadur Srivastava took over charge on 18-8-1961 while Ramesh Chandra on 16-

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