B V CHALAPATHI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioner, an adovocate was appointed as Additional Public Prosecutor for the Court of Assistant Sessions Judge, Guntur, for a period of three years from 27th January, 1963. By G.O.Ms. No. 664, dated 11th April, 1966 he was reappointed as Additional Public Prosecutor, Guntur, for the Court of Assistant Sessions Judge, Guntur, for a second term of three years from 27th January, 1966.

(2.) Under the standing instructions regulating the appointment of Public Prosecutors and Government Pleaders in the mofussil no Public Prosecutor or Government Pleader shall hold office beyond the age of 60 years and his services shall terminate automatically on attaining the age of 60 years unless Government specifically orders otherwise. The petitioner attained the age of sixty on 5th January, 1968 and the Collector of Guntur by his Rc. No. 10293/67-C-1 dated 15th April, 1968 directed him to be relieved of his post with immediate effect and appointed another advocate as Additional Public Prosecutor. In this Writ Petition the petitioner challenges the validity of the order of the Collector.

(3.) Sri N. Krishnamurthy, learned Counsel for the petitioner, submits that the post of Additional Publte Prosectutor is a ' civil post' within the meaning of Article 311 of the Constitution and therefore the services of the petitioner could not be terminated without giving him a reasonable opportunity to show cause against such termination.