Anil R. Dave, J. - (1.) HEARD the learned Counsel.
(2.) IT is a strange case where the Respondent had passed an examination for being promoted to the post of Assistant Sub -Inspector (Ministerial) (for short "ASI(m)"), though he was not eligible for promotion to the said post, as per the Rules which were prevailing at the relevant point of time. In the afore -stated circumstances, after having worked as ASI(M) for 23 days, he was reverted to the post of Water Carrier, to which he belonged to. Subsequently, by virtue of the amendment in the Rules, it was possible for the Respondent to get promotion to the post of ASI (M), but he did not appear at the qualifying examination as he had already passed the said examination.
(3.) IN the litigation initiated by the Respondent, the High Court held that as the Respondent had already passed the said examination, it was not necessary for him to pass the examination again and therefore, he should be reinstated in the post of ASI (M) with effect from the date on which he was reverted from that post.;