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PETITIONER: THE STATE OF ANDHRA
Vs.
RESPONDENT: GADDAM VENKATAPPAYYA
DATE OF JUDGMENT: 08/12/1960
BENCH: AYYANGAR, N. RAJAGOPALA BENCH: AYYANGAR, N. RAJAGOPALA SINHA, BHUVNESHWAR P.(CJ) DAS, S.K. SARKAR, A.K. MUDHOLKAR, J.R.
CITATION: 1961 AIR 779 1961 SCR (3) 45
ACT: Police Service-Officiating Sub-Inspector-Order of reversion as Head Constable-Validity-Rules retating to the Madras Police Subordinate Service, rr. 3, 4 and 5.
HEADNOTE: The respondent, holding the substantive rank of a Head Constable in the Madras Police Service, was promoted to officiate as a probationary Sub-Inspector and, on the completion of the period of probation, placed in the category of approved probationers for confirmation when substantive vacancies arose. Instead of being confirmed he was, for administrative reasons, reverted to his substantive post as the number of vacancies in the post of Sub- Inspectors was not sufficient to include him. Having failed to obtain redress from the Government, he moved the High Court under Art. 226 of the Constitution. Annexure 1 of r. 3 of the service rules provided that the percentage of promotions from the- rank of Head Constable to that of Sub-Inspector was to be "upto not more than 30% of the cadre", but provided no limitation for direct recruitment, r. 4 provided that no vacancy shall be filled by the app...