STATE OF ANDHRA PRADESH Vs. GADDAM VENKATAPPAYYA

JUDGEMENT

(1.) THE following Judgment of the court was delivered by

(2.) THIS appeal by the State of Andhra is from the judgment of the High court, Andhra, dated 21/07/1955, on a' certificate under Art. 133(1) (c) of the Constitution.

(3.) THE rules on the construction of which the answer to the first point depends are those framed, inter alia, under s. 243 of the government of India Act, 1935, entitled `Rules relating to the Madras Police Subordinate Service`. Rule 3 which relates to recruitment and which was held to be violated, This is followed by rules 4 and 5 which read: `Rule 4. Right of probationers and approved probationers to appointment to vacancies:-A 7 vacancy in any class or category shall not be filled by the appointment of a person who has not yet commenced his probation in such class or category when an approved probationer or a probationer therein is available for such appointment.` `Rule 5. Order of discharge of probationers and approved probationers:(a) THE order in which probationers and approved probationers. shall be discharged for want of vacancies shall be first, the probationers in order of juniority; and ,second, the approved probationers in order of juniority. (b) THE order of discharge laid down in sub rule(a) may be departed from in cases where such order would involve excessive expenditure on traveling allowance or exceptional administrative inconvenience.` THE other rules merely carry out the principles underlying those extracted and do not need to be set out.