V KRISHNAMURTHY Vs. CHIEF SUPERINTENDENT TRAINING POWER ENGINEER TRAINING SOCIETY [A GOVERNMENT OF INDIA ORGANISATION THERMAL POWER STATION PERSONNEL TRAINING INSTITUTE NEYVELI

JUDGEMENT

(1.) THIS writ petition is filed under Art.226 of the Constitution of India for issuance of a writ of certiorarified mandamus or other appropriate orders calling for the records relating to the impugned order of the first respondent in No.NEY/ ADM/5585 dated 9.8.1989 and quash the same.

(2.) THE case of the petitioner as disclosed from the affidavit can be briefly stated as follows: He was appointed as a peon in the THErmal Power Station, Personnel Training Institute, Neyveli, a Government of India organization, on 12.3.1974. THEreafter on 27.12.1983 he was appointed as lower division clerk with effect from 31.12.1983 on ad hoc basis in and by the order of the first respondent dated 31.12.1983. Consequent on his appointment as lower division clerk his initial pay was fixed at Rs.260 in the scale of pay of RS.260-6-290-EB-6-326-8-366-EB-8-390-10-400. THEreafter, a typewriting test was conducted on 14.10.1985 for the purpose of drawal of annual increment. He passed the test. He was allowed, to draw his first increment with effect from 14.10.1985 as he passed the test. THEreafter, he was allowed to draw increment every year and he was continuously officiating in the post of lower division clerk from 31.12.1983. While such being the case the first respondent issued the impugned order dated 9.8.1989 reverting him to the post of peon from 9.8.1989. Against the order of the first respondent, he preferred an appeal to the second respondent on 11.8.1989. But the second respondent has not passed any order on his appeal. Hence the writ petition. He would state that he was appointed as against a sanctioned post of lower division clerk consequent on the promotion of RLakshmikanthan and he worked as typist for six years. THE second respondent in fairness ought to have regularised the services of the petitioner in the post of lower division clerk. He is fully qualified to hold the post of lower division clerk. He has not been found unsuitable for the post and no deficiency was found in him. When applications were called for appointment to the post of lower division clerk from Group D employees, the petitioner who was working as a lower division clerk in Group C post was not called upon to submit his application. Had he been called upon to do so, he would have done so. On the other hand, he was given the impression that he would continue in the post of the lower division clerk. Lastly it is stated that since the petitioner was working for a long period in the post of lower division clerk, it cannot be said that it was only an ad hoc appointment. THE impugned order is violative of Arts.14 and 16 of the Constitution of India, since the temporary service in question is not for a short period intended to him due to some emergent and unforeseen circumstances. Further, the petitioner was not given any opportunity much less a reasonable opportunity to show cause against the reversion and this is violative of the principle of natural Justice. Hence this writ petition. In W.M.P.No.16803 of 1989 the impugned order was stayed and he was allowed to continue in the post of the lower division clerk.