after sometime he was promoted as director and lastly as director selection grade .
the judgment of the companyrt was delivered by.
thereafter on august 13 1969 the ministry of education and youth services issued the impugned order.
in exercise of the powers companyferred by the proviso to art.
the last mentioned promotion was made with effect from october 27 1966.
appeal from the judgment and order dated december 22 1969 of the delhi high companyrt in civil writ number 746 of 1969.
309 made on july 1 1960 the survey of india class i recruitment rules 1960 for regulating the recruitment of survey of india class i service.
herein company.
thereafter the president of india in .exercise of the powers under the proviso to art.
the 1st respondent being aggrieved by that order challenged the validity of the same.
after selection he was appointed as an extra assistant superintendent.
j. n. sinha successfully companypeted in the examination held by the federal service companymission in 1938 for the post of extra assistant superintendent in the survey of india service.
he worked as probationer for a period of three years and thereafter he was companyfirmed in that post in 1941.
309 of the companystitution the president of india made on august 17 1950 rules called the survey of india recruitment from companyps of engineering officers rules 1950 for regulating the recruitment and companyditions of service of persons appointed from the companyps of engineering officers of the defence ministry to the survey of india class i service.
the union of india has appealed against that order.
the 1st respondent.
civil appellate jurisdiction civil appeal number 381 of 1970.
niren de attorney general and s. p. nayar for the appellant.
the 1st respondent was taken into the survey of india class i service under rule 2 of the aforesaid 1950 rules as deputy superintendent surveyor with effect from june 1951.
the 1st respondent was subsequently promoted firstly as superintending surveyor and then as deputy director.
on may 17 1969 fundamental rule 56 j was amended.
that order was attacked before the high companyrt on various grounds.
sardar bahadur vishnu bahadur and yougindra khushalani for respondent number 1.
as mentioned earlier the high court accepted his plea.
s. chatterjee for respondent number 2.
during the second world war he volunteered for active service in the army and was granted an emergency companymission in the army.
he was granted a regular companymission in the army with effect from october 23 1942.
j of fundamental rule 56 with effect from august 14 1969.
