Judgement

AYYANGAR, J. : The State of Rajasthan is the appellant in this appeal which has been filed pursuant to a certificate of fitness granted by the High Court of Rajasthan under Art. 133(1)(c) of the Constitution and it challenges the correctness of a judgment of the High Court allowing a petition under Art. 226 of the Constitution filed by the respondent.

2. The respondent, Ram Saran, was appointed a Constable in 1947 in the Ajmer district police force. Two years thereafter he was promoted to the rank of Head Constable and was confirmed in that post. On June 29, 1956 he was appointed to officiate as a Sub-Inspector. At that stage the States Reorganisation Act (Central Act XXXVII of 1956), hereinafter referred to as the Act, was enacted which became operative from November 1, 1956 - referred to in the Act as the appointed date - and by virtue of its provisions the former State of Ajmer was merged in the State of Rajasthan and under its terms again the respondent was absorbed in the Police Service of the Rajasthan State. To give effect to this provision a formal order appointing the respondent as an officiating Sub-Inspector in the Rajasthan State police force was also passed dat