MOHAMMAD ALI Vs. STATE OF MYSORE

JUDGEMENT

(1.) In this petition under Art. 226 of the Constitution of India, the petitioner prays that Government order dated 30 September, 1965 (annexure D), reverting him from the post of an assistant to that of junior assistant, be quashed. The petitioner joined service in 1947 as III grade clerk in the erstwhile State of Hyderabad. After the reorganization of States, the petitioner was allotted to the new State of Mysore. The post of III grade clerk of Hyderabad had been equated with that of the junior assistant in the Mysore Government Secretariat. On 22 September, 1962 the petitioner was promoted as officiating assistant and posted in charge of the Historical Records Section. By the impugned order dated 30 September, 1965 (annexure D), the petitioner was reverted as junior assistant on the ground that he was incompetent, inefficient and was wanting in knowledge of English and Kannada and not fit for being continued as assistant any longer.

(2.) Sri Datar, learned counsel appearing on behalf of the petitioner, has contended that the impugned order of reversion of the petitioner amounts to reduction in rank and as such Art. 311 of the Constitution is attracted. He also argues that under the

(3.) Mysore Secretariat Services Recruitment Rules of 1957, 50 per cent of the posts of