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1957 (9) TMI 99

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..... porary capacity to the Subordinate Agricultural Service of the Uttar Pradesh Government by the Director of Agricultural. He served in that service during the periods detailed below :- (a) In Group II of the Subordinate Agricultural Service : (i) From November 16, 1936 to March 18, 1937. (ii) From April 1, 1937 to June 29, 1937. (iii) From August 9, 1937 to December 31, 1937. (iv) From January 6, 1938 to February 22, 1943. (b) In Group I of the Subordinate Agricultural Service : From February 23, 1943 to April 24, 1944. While he was still in the Subordinate Agricultural Service he was appointed to officiate in the United Provinces Agricultural Service Class II as a Divisional Superintendent of Agricultural with effect fr .....

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..... firmed in any post either in the Subordinate Agricultural Service or in the United Provinces Agricultural Service Class II. In our opinion, the finding of the High Court that the appellant had failed to establish that he was confirmed as a member of the Subordinate Agricultural Service, based upon the materials before it, was a correct finding. The further finding of the High Court that the appellant's contention that he had been absorbed in the permanent cadre of the United Provinces Agricultural Service had not been substantiated appears to us also to be a correct finding upon the materials on the record. 4. In considering the case of the appellant we must proceed on the basis that at no time was the appellant appointed permanently .....

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..... ed by the Government does not amount in all cases to dismissal or removal from service. In the former case the termination was in accordance with the terms of the contract and in the latter case it was by way of compulsory retirement of a member of a Service under Art. 465A of the Civil Service Regulations. This Court held that in neither case the termination of the services of the person concerned amounted to dismissal or removal from service within the meaning of Art. 311 of the Constitution. In the present case the appellant was employed in a temporary capacity in the Subordinate Agricultural Service and was shown in Gradation List as on probation. His conditions of service were government by the Subordinate Agricultural Service Rules .....

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