Judgement

SATYANARAYANA RAJU, J. : This appeal, by special leave, raises a somewhat important question of law which is whether the reversion of a Government servant from an officiating post to his substantive post, while his junior is officiating in the higher post, does not, by itself, constitute a reduction in rank within the meaning of Art. 311 (2) of the Constitution.

2. For the purpose of deciding the point raised in the appeal, it would be necessary to state the material facts. The Southern Railway has two grades of Train Examiners, one in the scale of Rs. 100-5-125-6-185 and the other in the scale of Rs. 150 -225. The respondent was employed in the lower scale as a Train Examiner. By an order dated April 7, 1959, the respondent was promoted to officiate in the higher scale with a starting salary of Rs. 150 per month. That order read as follows :

"2. Shri S. Raghavendrachar, TXRYPR in soale Rs. 100-185 is promoted to officiate as TXR in scale Rs. 150-225 on Rs. 150 per month and retained YPR as TXR-IC.

3. Shri James Blazey TXR-MYS in scale Rs. 100-185 is promoted to officiate as TXR in scale Rs. 150-225 on Rs. 150 per month and transferred to SBC-BG vide item 1 above.

Sanction end