( 1 ) THIS writ petition, having been referred by one of us to a Bench, has come up for hearing before as. The petitioner impugns G. O. Ms. No. 2454 Revenue Department dated 26-11-1959 (sic) of the Government of Andhra Pradesh and prays that the same may be quashed.

( 2 ) THE facts leading to the filing of this petition under Article 226 of the Constitution may be briefly set out: The petitioner was entertained in service in the composite State of Madras in the year 1937 as a clerk in the Revenue Department. Thereafter, after he had put in five years of service in the Commercial Taxes Department to which he was transferred, he was put on probation as an Assistant Commercial Tax Officer till 24-7-1952. The prescribed period of probation for appointment as a full member of that service was two years. According to Rule 13 (b) of the Commercial Taxes Subordinate Services Rules, he was required to pass the tests specified under Rule 6 (c) of the said rules within the period of his probation. The petitioner, however, did not pass any tests within this period of probation. A reference to the records showed that the Deputy Commissioner of Commercial Taxes, Kakinada, issued a declaration da

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