Rajendra Nath Mittal, J. - (1.) Briefly the case of the petitioner is that he had been working as a Kanungo and was promoted as Naib Tehsildar on April 11, 1957. He worked as such till April, 1968. Thereafter he was sent to some other equivalent post. Again he was posted as Naib Tehsildar on Nov. 1, 1968 but was reverted on Oct. 13, 1971 on the ground that he had not qualified the test which he was liable to do before being accepted as a Naib Tehsildar candidate. He has challenged the order of reversion inter alia on the ground that he was illegally reverted and that respondent Nos. 2 to 7 were working as Naib Tehsildars and they were junior to him. The writ petition has been contested by the State.
(2.) The first question that arises for determination is as to whether the petitioner could be reverted on the ground that be had not passed the test prescribed for becoming a Naib Tehsildar candidate. The matter is concluded by the decision of a Division Bench of this Court in Letters Patent Appeal No. 125 of 1972 Prem Singh Vs. The State of Punjab and others, decided on Nov. 13, 1973, wherein a similar question was raised and was decided against the petitioner. The facts of that case are similar to that of the present case and the observations therein are fully applicable to it.
(3.) The second question that arises is as to whether the petitioner could be reverted whereas his juniors had been retained as Naib Tehsildars. The reply of the State is that respondent Nos. 2 to 7 had qualified in the above said test. In the aforesaid circumstances, the petitioner has rightly been reverted He cannot be allowed to take the plea that respondent Nos. 2 to 7 who had qualified the test should be reverted first.;