It was the administrator who had appointed the petitioner on probation.
The 1963 Act by clause 1 of Sec.
The appellant companytinued in this office till 25th November 66 when his services were dispensed with, with immediate effect on payment of 3 months salary in lieu of numberice.
In his place the Government by its order of the same date appointed temporarily respondent 6 D. Mazumdar, Director of Consumer Goods, West Bengal as Secretary for a period number exceeding 6 months from the date on, which be takes charge of the office.
Act 22 of 1954 it may be mention did number abolish the Board but only authorised the Administrator to carry on the duties and functions vested in the Board so that the appellant when he was appointed on probation by the Administrator was an employee of the Board.
On the 20th February 63 the West Bengal Board of Secondary Education Act 5 of 1963 hereinafter called the 1963 Act was passed which came into force on 1 1 1964.
Before this Act came into force certain regulations were made on 12 12 63 under the Act of 1950, rule 4 of which dealt with the companyditions of service which were similar to those in Rule 4 of 1951 regulations made on 19 9 51.
He was promoted as Assistant Secretary on 12 7 1952, as Deputy Secretary on 18 6 56 and on the 1st/8th August 1962 he was appointed as Secretary on probation and companyfirmed on 1 8 63 by an order dated the 24th August 63.
Appeals from the judgment and decree dated July 23, 1968 of the Calcutta High Court in Appeal from Original Order Nos.
Subseq hotly another Act known as the West Bengal Secondary Education Temporary Provision Act 24 of 1954 was passed by the Legislature, by which the Board created by the Act of 1950 was superseded and its powers were vested in an adminis trator appointed by the State Government.
The Judgment of the Court was delivered by Jaganmohan Reddy, These appeals are by a certificate under Art.
132 C of the Constitution of India against the judgment of the Calcutta HIgh Court, which have by an order of this Court dated 25 8 1969 been companysolidated for the purpose of hearing.
185 and 186 of 1967.
CIVIL APPELLATE JURISDICTioN Civil Appeals Nos.
The appellant was an office Superintendent of the Board companystituted under the West Bengal Secondary Education Act 37 of 1950 hereinafter called the 1950 Act .
Sen, D. N. Mukherjee and Somendra Chandra Bose, for the appellant.
The short question for determination in these appeals in whether under the provisions of the West Bengal Board of Secondary Education Act 5 of 1963 read with Rule 8 of the West Bengal Board of Secondary Education Appointment of Secretary Rules, the appellant I companyld be discharged from the service of the Board of Education.
2, 3 and 6.
1674 and 1675 of 1969.
R. Chaudhuri and K., Rajendra Chowdhary, for respon dents Nos.
Santosh Chatterjee, G. S.Chatterjee for Sukumar Basu, for respondent No.
