K H PHADNIS Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an appeal by special leave from the judgment dated 30 June, 1966 and 4 and 5 July, 1966 of the High Court at Bombay reversing the judgment of the learned Single Judge dated 29 October, 1963.

(2.) The only question in this appeal is whether the order of the Government of Bombay dated 8 May, 1962 "repatriating" the appellant from the temporary post of Controller of Food Grains Department, Bombay to his parent Department of Excise and Prohibition amounted to a reduction in rank in violation of the provisions contained in Article 311 of the Constitution.

(3.) The appellant joined service as Sub-Inspector of Excise in the Excise and Prohibition Department of the Government of Bombay in the year 1938. He was thereafter selected for transfer to the Bombay City Police Department. In 1942 he was sent on "deputation" to the Civil Supplies Department as an Inspector. He continued to work in that department up to the month of February, 1955. By February, 1955 he had by various promotions become Rationing Officer which was a gazetted post and he was then drawing a salary of Rs. 530/- p. m. in the grade of Rs. 350-20-550. In 1955 there was decontrol of food-grains. The post was abolished. The appellant was reverted to the Excise Department. In course of time he was promoted to the post of District Inspector in the Excise Department in the grade of salary of Rs. 220-10-300. In 1957, the Government of Bombay again introduced the system of distribution of foodgrains on the basis of household cards. The appellant in view of his record of service in Civil Supplies Department was asked to go on "deputation" in the Agriculture and Forests Department as a Sub-Inspector under the Controller of Foodgrains Distribution, Bombay. In 1960, the appellant was appointed to a temporary post of Controller of Foodgrains Distribution, Bombay in the grade of Rs. 475-25-600-750. In 1961 the appellant was drawing a salary of Rs. 500/- p. m as a Controller of Foodgrains Distribution.