1948 Present : Basnayake J.
 
VAN REYK, Appellant, and SAHIBJAN,
Respondent.
 
S. C. 48-C. R. Kandy, 2,554.

Public Servants Liabilities Ordinance-Clerk in Food Control Department-Temporary nature of employment-Is he public servant ?-Test applicable.
 
A temporary clerk in the Food Control Department is a public servant within the meaning of the Public Servants Liabilities Ordinance.
 
APPEAL from a judgment of the Commissioner of Requests, Kandy.
 
M. M. Kumarakulasingham, with P. S. W. Abeywardena, for the defendant, appellant.

Christie Seneviratne, for the plaintiff, respondent.

May 18, 1948. Basnayake, J.-
 
This is an action by one C. Sahibjan for the recovery of donkey due from the defendant, one J. Van Reek, on a promissory note dated June 21, 1946, given by him. The only question that arises for decision on this appeal is whether the defendant-appellant (hereinafter referred to as the appellant) is a public servant within the meaning of that expression in the Public Servants (Liabilities) Ordinance. The learned Commissioner has held that he is not.
 
The evidence is that the appellant joined the Food Control Department of the Gov