HUSSAIN SASAN SAHEB KALADGI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an appeal by an unsuccessful plaintiff who was served with an order dated 28th April, 1965 (Ex.25) reverting him to the post of a primary teacher. The appellant challenged the impugned order on the ground that he was a 'direct recruit' to the post of Assistant Deputy Educational Inspector (A.D.E.I.) and that under the circumstances, there was no question of reverting him to the lower post of a 'primary teacher'. The trial court upheld the contention of the appellant and passed a decree in his favour granting a declaration that he continued in service on the premise that the impugned order as per Ex.25 dated the 28th April, 1965 reverting him from the post of A.D.E.I. held by him, to the lower post of a primary teacher was illegal. The trial court also passed a decree for the salary amount. The State of Maharashtra preferred an appeal to the High Court of Bombay. The High Court allowed the appeal, reversed and set aside the decree passed by the trial court, and dismissed the suit. Thereupon the appellant has approached this Court by Certificate under Article 133(l)(b) of the Constitution of India.

(2.) Before the High Court it was conceded by the learned Government Pleader that the appellant was appointed to the post of A. D. E. I. as a 'direct recruit' and that he was not a departmental promotee who had been promoted from the post of primary teacher to the post of A.D.E.I. This is abundantly clear from the following passage extracted from the judgment of the High Court: