Judgement

RAY, C. J. :- This is an appeal by special leave from the judgment dated 28 June, 1972 of the High Court of Andhra Pradesh.

2. The only question for consideration is whether the Government was right in confirming the respondent as senior to the appellant.

3. The appellant was appointed by promotion as Assistant Secretary on 1 June, 1956 in the Law Department. He was confirmed in the post of Assistant Secretary on 11 October, 1957. He was temporarily promoted as Deputy Secretary in the Law Department on 10 July 1961. His probation was declared on 23 July, 1962. Then he went to serve in the Law Commission as Deputy Secretary.

4. The respondent Naidu was appointed as District Munsiff in the State Judicial Service on 16 February, 1956. On 27 June, 1960 he was appointed as Under Secretary in the Law Department. With the concurrence of the High Court he was temporarily appointed on 10 July, 1961 as Deputy Secretary in the Law Department.

5. On 1 April, 1963 a substantive vacancy in the category of Deputy Secretary arose. The Government on 4, October, 1966 confirmed the respondent as a Deputy Secretary with effect from 1 April, 1963.

6. The post of a Deputy Secretary under Rule 2 of t