respondent number 1 thereupon filed a writ petition in the high court.
the high companyrt of assam and nagaland companyfirmed the appointment of respondent number 1 in the judicial service junior grade i with effect from march 1 1964 against the post of sub judge number 2 gauhati this post of sub judge number 2 gauhati.
the judgment of the companyrt was delivered by roy j. this is an appeal by special leave against the judg ment and order dated september 12 1966 in civil rule number 381 of 1965 of the high companyrt of assam and nagaland.
appeal by special leave from the judgment and order dated september 12 1966 of the assam and nagaland high companyrt in civil rule number 381 of 1965.
it appears that some companyrespondence went on between the high court and the accountant general.
by this judgment a division bench of the high companyrt allowed the petition under art.
and b. r. agarwala for the registrar bom bay high companyrt appellate side.
he was companyfirmed in the post of munsiff in assam judicial service junior grade 11 with effect from december 8 1956.
state of u.p.
226 of the companystitution filed by the respondent s. n. sen.
k. sen naunit lal and s. n. choudhury for the appellants.
l500sup.ci4/72 k. chatterjee and g. s. chatterjee for the advocate general for the state of west bengal.
civil appellate jurisdiction civil appeal number 1061 of 1967.
thereupon the respondent number 1 was informed by the high companyrt by its letter dated july 20 1965 that the accountant general had refused to accept his companyfirmation.
porus a. mehta.
on september 12 1966 the high companyrt allowed the petition.
this companyfirmation was published in the assam gazette dated may 1 1964.
on june 15 1965 the accountant general informed the high court that as the government had number amended the rules the order of companyfirmation companymunicated in the high companyrts numberification dated may 1 1964 was number in order.
was temporary but had been made permanent on december 31 1963.
p. rana for the advocate general for the.
the facts shortly are as follows respondent number 1 s. n. sen was initially appointed as an extra assistant companymissioner by the governumber of assam on december 21 1950.
v. rangwn for the advocate general for the state of tamil nadu.
and the other by s. k. dutta j. the high companyrt refused certificate but on july 21 1967 this companyrt granted special leave to appeal.
m. singhvi and u. p. singh for the state of bihar.
the accountant general of assam and nagaland took objection to this order of companyfirmation.
d. jain and a. r. bar thakur for the advocate general for the state of nagaland.
by letter dated december 21 1964 the registrar of the high companyrt informed the accountant general that the government had been moved to amend r. 5 iv of the assam judicial service junior rules 1954.
there were two judgments one by mehrotra c.j.
c. chopra for the registrar madras high companyrt.
by a letter dated may 1 1965 the state government informed the high companyrt regretting its inability to take up the question of the amendment of r. 5 iv at this stage.
thereafter he opted for judicial service and was appointed munsiff by the governumber of assam with effect from january 1 1955.
it was alleged that the companyfirmation companyld only be made by the governumber and number by the high companyrt.
on or about december 15 1961 respondent number 1 was promoted to act as the additional sub judge cachar and he took charge on december 22 1961.
lal narain sinha advocate general for the state of bihar p. singh s. c. agarwala r. k. garg and v. j. francis for the the registrar patna high companyrt.
