Appellant and permitted him to companytinue in his, post in a temporary capacity Annexure B to the Affidavit supporting the Petition , On 16 2 1959, the President of India, in exercise of powers companyferred by the Proviso to Article 309 of the Constitution of India, promulgated the Central Information Service Rules, 1959 hereinafter referred to as the Rules , which came into force on 21 2 1959.
720 40 1000 together with the usual allowances.
720 per month in the scale of Rs.
On 5 3 1957, the Appellant made a representation against this termination of his service Annexure B to the Rejoinder Affidavit .
These rules were meant for the creation of a Central Information Service with prescribed grades and their strengths.
On 28 4 1958, the President was pleased to terminate the probationary period of the.
The appellant, who had applied for the post, was selected by the Union Public Service Commission, and, on its recommendation, was offered a temporary post of Editor in the Publications Division of the Department on an initial salary of Rs.
Entry into this service was open to departmental candidates by a procedure laid down in Rule5 for the initial companystitution of the service.
97 D of 1965.
Appeal from the judgment and order dated August 10, 1967 of the Delhi High Court in Letters Patent Appeal No.
Immediately thereafter, on 28 3 57, the Appellants services were terminated under Rule 5 of the Central Civil Services Temporary Service Rules 1949, Annexure D to the Rejoinder Affidavit of 20th February, 1964 .
The Appellant had filed a petition under Article 226 of the Constitution for quashing an order dated 10 3 1960 and had prayed for a companysequential order also in the nature of a mandamus.
On 27 4 1957 in response to this representation, the above mentioned termination to the Appellants service was rescinded Annexure F to the Re joinder Affidavit .
CIVIL APPELLATE JURISDICTION Civil Appeal No.
In 1955, the post of Editor, Publications Division, in the Department of Information and Broadcasting of the Government of India hereinafter referred to as ,the Department , was advertised.
Frank Anthony, K. B. Rohatgi and P. Parameswara Rao, for the appellant.
servants of his category He was to be on probation for 6 months which may be extended at the discretion of the appointing authority.
On 27 3 1957, the Appellant,s probation was extended by three months.
The Appellant had reported for duty on 1st August, 1956, as directed.
2172 of 1968.
Shri Roy is informed that the President has been pleased to post him as an Assistant Editor in the Publications Division with immediate effect.
for the respondent.
Information of the impugned order Annexure C to the petition , given to the petitioner, reads as follows The Union Public Service Commission have in pursuance of Rule 5 of the Central Information Service Rules, 1959, recommended Shri P. B. Roy, at present officiating as Editor in the Publications Division, for appointment, in a substantive capacity, to Grade III of the service at its initial companystitution.
The Judgment of the Court was delivered by Beg, J. This is an appeal by grant of a Certificate of the Delhi High Court under Article 132 read with Article 133 1 b and c of the Constitution.
Jagadish Swarup, Solicitor General of India and S. P. Nayar.
Those relevant facts, preceding and following the impugned order, which are admitted by both sides may number be mentioned.
The material terms and companyditions of this employment were The post is to be gazetted Class I The temporary post was sanctioned upto 28 2 1957 but was likely to companytinue Shri Roy the Appellant will be governed by the Central Civil Services Temporary Service Rules and other Rules applicable to temporary Govt.
