JUDGMENT - 1. This is an appeal by an employee of the Military Accounts Department whose services were dispensed with, and he filed a suit from which this appeal arises contending that the order discharging him was not a valid order and that he continued to be in service of the Department. The appellant passed the entrance examination in June 1941, obtained a medical certificate of fitness on 24-10-1941 and he was appointed a clerk on the same date in the Military Accounts Department.

In January 1948 he was transferred to Bombay and he served in the office of the Controller of Naval Accounts. He continued to serve in this Department till 8-12-1948 when he was dis-charged. The order of discharge states :

"Mr. S. G. Chandorkar temporary U. D. Clerk of this office, having been declared medically unfit for further service in the Military Accounts Department by the Naval Medical Board, is discharged from service with effect from 6th December 1948."

It is this order which is being challenged by the appellant.

2. The first question that we have to consider is whether the appellant was a temporary or a permanent servant of Government. There is a large volume of evidence which the learned Judge

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