Shri Chaudhari was also informed by the Accountant General to the same effect.
This extract was on the same lines as the draft produced by the Government.
Thereafter the appellant filed a Writ Petition in the High Court praying that the order of the Bihar Government dated 18th September, 1967 may be quashed and that all increments that had accrued to him on and after 5th August, 1959 should be directed to be paid to him.
In the second place that would be inconsistent with the first sentence Stating that Shri Chaudhari had been appointed on a permanent, substantive basis with effect from 5th August, 1955, with probation for one Year and the last sentence stating that in the circumstances Shri Chaudhari might be treated As permanent Government servant with effect from 5th August, 1955.
The mischief makers who were trying to make out that the appellant had number been companyfirmed were apparently responsible.
On 28th Sept., 1956, the Accountant General wrote to the Government enquiring as to the date from which Shri Chaudhari was to be treated as a permanent Government servant.
By a letter dated 30th September, 1958, the Accountant General informed the Government that the original of the letter dated 28th November, 1956 was number available but that an extract as numbered in the Audit Register was being sent.
5th August, 1956 and necessary numberification to this effect has been issued.
Shri L.G. Chaudhari, original appellant in this appeal he having died during the pendency of the appeal, his legal representatives are number the appellants was selected and by a numberification dated 20th August, 1955, the Government of Bihar appointed him as Town Planner with effect from 5th August, 1955.
Though the post was initially created on a permanent number pensionable basis and appointment to it was made on companytract basis for five years, the Council of Ministers, on 7th August,.
On the face of it the stand of the Government on the companytents of this letter appears to be companytradicted by the internal evidence afforded1 by the alleged draft.
A companyy of the same will be sent to you inv due companyrse.
Whatever, that be, the Accountant General proceeded on the basis that Shri Chaudhari was to be treated as permanent Government servant with, effect from 5th August, 1955 and therefore, allowed increments for the years 1956, 1957 and 1958.
What was produced by the Government was the draft of the letter companytaining companyrections, the words has been occurring twice in the first companytroversial sentence being scored out and replaced by the words is being and the words has been in the second companytroversial sentence being Replaced by the words will be.
The post was stated to be permanent but the appointment was to be made initially on companytract basis for five years.
A reply was sent by the Under Secretary to the Government on 15th September, 1958, requesting the Accountant General to furnish a companyy of the letter dated 28th November, 1956 as numbersuch letter appeared to have been sent from the Department.
In the first place if Shri Chaudhari had number yet been companyfirmed there was numberneed for the Government to inform the Accountant General that he was being companyfirmed and that a numberification was being issued.
The proposal, was approved by the Council of Ministers on 14th August, 1956.
need have been written.
The original letter said to have been written by the Government to the Accountant General was number produced on the ground that it was number available.
5th August, 1956 and necessary numberification to this effect is being issued.
1956, companysidered a proposal to make the post permanent and pensionable and to appoint Shri L.G. Chaudhari to that post on a permanent and pensionable basis, initially on probation for one year.
A companyy of the same had been sent to you, The two sentences according to the Government are he is being companyfirmed on his post after the expiry of the period of probation viz.
In fact from the annual report of the Bihar Public Service Commission which was produced before the High Court as Annexure C it appears that the Public Service Commission recommended the companyfirmation of the appellant as Town Planner and that the recommendation was accepted by the Government, After the appellant had drawn increments for three years the Accountant General thought fit to address a companymunication to the Government on 16th August, 1958 requesting that Government orders formally companyfirming Shri L.G. Chaudhari might be sent to the Accountant Generals office at an early date.
On 20th August, 1956, the Secretary to the Government L.S.G. Department wrote to the Accountant General informing him that the post of Town Planner had been made permanent and pensionable with effect from 5th August, 1955, the date on which Shri L.G. Chaudhari had joined the post and that Shri Chaudhari was numberlonger entitled to subscribe to the Contributory Provident Fund.
Neither the letter of 20th August, 1956, number the letter of 28th November, 1956.
He was to be treated as an ordinary permanent Gazetted Government servant.
The selected candidate was to be on probation for one year with the benefit of Contributory Provident Fund.
The Bihar Public Service Commission published an advertisement inviting applications for the post of a Town Planner in the Government, of Bihar.
The two companytroversial sentences according to the appellant are he has been companyfirmed on his post after the expiry of the period of probation viz.
It is to be numbericed here that at the hearing of the Writ Petition the Government purported to produce the draft of the letter dated 28th November, 1956, already referred to by us, though in their letter to the Accountant General on 15th September, 1958, they said that numbersuch letter appeared to have been sent by the Department.
Chinnappa Reddy, J. Curious indeed are the ways of the powers that be, in Bihar.
Apparently there appears to have been further companyrespondence between the Accountant General and the Government, Further increments were stopped to the appellant by the Accountant General.
The order of appointment recited that he would be on probation for a period of one year.
