Judgment

MATHEW, J. :- These appeals, by special leave, by the Union of India and the Financial Commissioner of Himachal Pradesh, are from a judgment of the Judicial Commissioner Himachal Pradesh, allowing Civil Writ petitions Nos. 18, 19, 20, 21, 23, 24 and 25 of 1965 filed by the respondents and quashing the order passed by the Financial Commissioner, 2nd appellant, reverting the respondents to the posts of Kanungos. As the facts in all the appeals are similar, we will deal with Civil Appeal No. 314.

2. The respondent was a permanent Kanungo in the Revenue Department. He was promoted on March 26, 1962, to officiate as Naib Tehsildar under para 37 (ii) of Standing Order No. 12, passed by the 2nd appellant. He was reverted from the officiating post to his substantive post on June 1, 1965, for the reason that he did not pass the departmental examination of Naib Tehsildar within the period prescribed in para 34 of the Standing Order.

3. The respondent contended in the writ petition that he was entitled to continue in the post of Naib Tehsildar until a qualified person became available that no qualified person was available when he was reverted, that since he was promoted under para 37 (