Mysore Civil Service Rules, 1958-Government Order dated 22nd Sept. 1961-Local candidates entitled to have their services regularised under order-Break in service after 1st Jan. 1960-Effect of

The respondent joined Class III service of the Mysore Government in 1958 as a local candidate. According to the Mysore Civil Service Rules, 1958 a local candidate meant a temporary Government servant not appointed regularly in accordance with the rules of recruitment to that service. On September 22, 1961 the Mysore Government passed a order whereby under sub-cl. (i) of cl. 2 local candidates appointed before Dec. 31, 1959 were entitled to have their appointments regularised subject to certain conditions. According to sub-cl. (ii) of cl. 2 of the Order D the services of local candidates were to be regularised with effect from the date of their appointment, from which their service was continuous provided they were in service on 1st January 1960 and continued to be in service at the time their services were regularised. Sub-clause (ii) said that local service would count for purposes of leave, pension and increments but not for purposes of seniority, and that only the service from the date of regularisation of the appointment in the particular department would count for seniority. Sub-clause (iv) laid down that breaks in service would not be condoned even if such breaks were only for short periods. There was a break of one day in the respondent's service on March 1, 1961. The Mysore Government terminated his service on July 4, 1963. The respondent filed a writ petition before the High Court claiming that he was entitled to have his appointment regularised under the aforesaid Government Order. The High Court held that the requirements of the Order were that a local candidate was entitled to its benefit if he joined service before Dec. 31. 1959 and was In service on two dates, namely 1st January 1960 and 22nd September 1961. On this view the High Court allowed respondent's petition whereupon the State appealed to this Court.