Judgment

AYYANGAR, J. : This appeal by the State of Andhra is from the Judgment of the High Court. Andhra, dated July 21, 1955, on a certificate under Art. 133(1)(c) of the Constitution.

2. The respondent joined the Madras Police Force as a Constable on September 1, 1939. He became a permanent Head Constable in 1946 and was promoted to officiate as a Sub-Inspector on October 1, 1947, when his probation commenced. By order dated September 24, 1950, he was declared to have satisfactorily completed his period of probation and was brought to the "A list with effect from September 10, 1950. He was still merely officiating as a Sub-Inspector, the effect of his being placed in List "A being that he came into the category of an "approved probationer , i.e., fit for being confirmed as Sub-Inspector when substantive vacancies arose. On August 3, 1952, the district Superintendent of Police, Krishna, issued an order reverting the respondent to the rank of Head Constable with effect from August 14, 1952, i.e., to the post which he substantively held, for the reason that there was not a sufficient number of vacancies in the post of Sub-Inspectors for being filled by him. It may be mentioned t