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1956 Supreme(AP) 141

VISWANATHA SASTRY, A.V.KRISHNA RAO
State Of A. P. – Appellant
Versus
S. Kameswar Rao – Respondent


SASTRI, J.

( 1 ) THIS is an appeal against the order of Mr. Justice Bhimasankaram passed in G. M. P. No. 1081 of 1956 in A. S. No. 87 of 1956. The appeal was preferred by the State of Andhra represented by the Chief Secretary of Home Department, Kurnool against the decree of the Subordinate Judge, Guntur in O. S. No. 40 of 1955, The suit was brought by S. Kames-war Rao, the respondent in this L. P. A. for certain declaration against the State of Madras and the State of Andhra regarding the propriety of the order passed for his compulsory retirement from the service of the State in the Police Department. It is unnecessary for the purposes of this appeal to refer to the allegations in the pleadings or to the evidence adduced in the case. Suffice it to say that the learned Subordinate Judge who tried the suit granted a declaration in favour of the plaintiff, here respondent, in these terms : "in the light of. my findings on the other issues, the following decree is passed : (1) for a declaration that the order of reversion against the plaintiff reverting him from the rank of an officiating D. S. P. to his original post of Dy. S. P. is void and illegal; and that therefore he should be





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