P HALSON Vs. DIRECTOR/COMMISSIONER OF COLLEGIATE EDUCATION

JUDGEMENT

(1.) IN this writ petition, the writ petitioner prays for a direction, directing the respondents 1 to 3 to re-designate the petitioner's pest as Mechanic (Grade-1) by placing him in the pay-scale eligible for the post of Mechanic (Grade-1) with effect from 2. 5. 1988, the date of initial appointment permitting him to drew arrears of pay, allowances with all other consequential benefits.

(2.) ACCORDING to the petitioner, one P. Daniel Simon was working as Mechanic in the Department of physics in the fourth respondent college. He retired on 30. 9. 1987 and in the place of P. Daniel Simon, the petitioner was placed in the selection list prepared by the 4th respondent and thereafter the petitioner was appointed as Mechanic by the 4th respondent by issuing an appointment order dated 27. 4. 1988. In pursuance of the same, the petitioner had joined in the said college as Mechanic on 2. 5. 1988. No further submits that the said vacancy areas in pursuant to the retirement of P. Daniel Simon and the same was a sanctioned and permanent post. While so, respondents 1 to 3 are treating the petitioner only as Junior Mechanic placing the petitioner in the pay-scale for the post of junior Mechanic illegally and violating their own proceedings. He further submits that the petitioner has passed S. S. L. C. with an additional qualification of ITI electrician certificate course as required by the third respondent. After his appointment, the 4th respondent had sent communication to the second respondent for approval and sanction. However, the 2nd respondent approved the post for the payment of salary only w. e. f. 21. 12. 1990, the date on which G. O. Ms. No. 1704 was issued as if the petitioner was qualified for the post, only after issuing G. O. Ms. No. 1764, eventhough the petitioner was qualified for the said post from the date of his earlier appointment by the 4th respondent dated 2. 5. 1988.

(3.) I have heard the learned Government Advocate who refers to the stand taken by the Government in their counter. She would contend that the post in the private college and corresponding post in Government colleges cannot be equated considering the Director's order dated 29. 10. 1987.