SURYANARAYANAMURTHI Vs. S E DOWLESWARAM

JUDGEMENT

(1.) The Order of the Court was delivered by the Hon'ble Mr. Justice Krishna Rao. This is an appeal from the order of our learned brother Satyanarayana Raju J. dismissing an application made by the appellant under Article 226 of the Constitution, for the issue of a writ of certiorari or any other appropriate writ quashing the order in 4923-G1, dated 1-8-1953 passed against the appellant by the 1st respondent, a Superintending Engineer, Dowleshwaram Circle, Dowleswaram. The appellant alleged that he was regularly appointed as an Irrigation Conservancy Subordinate, II Grade in January, 1945 and became an approved probationer in that category of the Engineering Subordinate Service fromu 1-12-19,46. On that date, he was promoted as emergency Draughtsman and on 6-12-1949, he was promoted as emergency overseer. But on 1-8-1953 whill he was holding an appointment as emergency Overseer, he was revertedas Irrigation Conservancy Subordinate, II grade by the following order in No. 4923-G1 of the 1st respondent.

(2.) The appellant's contention is that he has been reduced in rank by this order, without haying been given a reasonable opportunity of showing cause against the action proposed to be taken against him, which is in violation of the provisions of Article 311 (2) of the Constitution. Admittedly, the appellant was promoted under the emergency provisions of the rules. The relevant rule is Rule 39 of the State and Subordinate Service Rules, which runs as follows:

(3.) The basis for the appellant's invoking Article 311 is that he was entitled , to be treated as a regular promotee and not as a temporary promotee. The learned Counsel for the appellant relies on paragraph 6 of G. O. No. 2752, dated 29th June 1953 which is in the following terms: