STATE OF A.P. Vs. Y. CHINNA REDDI

JUDGEMENT

(1.) The State has preferred this appeal against the judgment of our learned brother, Mr. Justice Jaganmohan Reddi, issuing a writ of Certiorari quashing the proceedings of the Government, dated the 3rd December, 1960, in Memorandum No. D-35789/59-21.

(2.) For a proper appreciation of the contentions raised before us, it is necessary to set out the history of the service of the respondent in chronological sequence. He was appointed as an officiating clerk on July 23, 1940, by the inspector of Salt, Kanuparti. He served in the Salt Department, though not continously, till June 14, 1941. Thereafter his services were transferred to the Factories Department where he completed his probation on December 2, 1942. He was thereafter appointed as an acting clerk in the Taluk Office, Sattenapalli, till he was appointed as an election revenue inspector in an officiating capacity on December 19, 1945. On August 6, 1949, he was promoted as an upper division clerk in the Collector's Office, Guntur, in which capacity he was in the service of the revenue establishment of the Guntur district till December 2, 1953. In the meantime, on Ocotber, 1, 1953, the State of Andhra was ushered into existence and the respondent, among other applicants, sought a transfer to the Andhra Secretariat Service. There he was entertained as an upper division clerk in the Revenue Secretariat on and from December 7, 1953. At the time of his transfer from the Guntur revenue establishment to the Secretariat, it would appear that the Government were not aware of the fact that he had not the requisite minimum educational qualification of a degree as required by Andhra Secretariat Service Rules. The respondent was therefore reverted to the revenue establishment of Guntur district with effect from February 9, 1955. As a result of the representations made by the respondent to the Government, they relaxed the rule of the minimum general educational qualification in favour of the respondent so as to enable him to be appointed by transfer to the Secretariat Service by G.O. Ms. No. 1207 Revenue dated 26th May, 1955. Accordingly, the respondent joined the Secretariat service on May 30, 1955. His services were regularised in the category of upper division clerk (category 2 of the Andhra Secretariat Service) with effect from May 30, 1955. (Vide G.O. No. 15 Revenue dated 28th February, 1956).

(3.) The main ground on which the petition was resisted was that the order of reversion deprived him of the benefits of the service in the Revenue Secretariat with its higher emoluments which would amount to a reduction to a lower rank and that as he was afforded an opportunity as required by Article 311 (2) of the Constitution, read with the statutory rules, the said order should be vacated by the issue of a Writ of Certiorari.