R GOPALAKRISHNAN Vs. PONDICHERRY UNIVERISTY

JUDGEMENT

(1.) THE petitioner has filed the present writ petition, seeking to challenge an order dated 03.11.2009 issued by the first respondent University and to set aside the same in so far as the fitment in the scale of pay of Rs.14,300-400-18,300 and consequently to grant fitment in the scale of pay of Rs.16,400-450-22,400 with all consequential benefits with effect from 15.11.2001.

(2.) THE petitioner thereafter filed an application to implead the second respondent University Grants Commission (UGC) as party respondent to the writ petition. THE writ petition was admitted on 24.11.2009. Pending the writ petition, this Court declined to grant any interim direction.

(3.) AGGRIEVED by the same, the petitioner filed a writ petition being W.P.No.17883 of 2003 to consider his representation. This Court directed the petitioner's representation to be considered. Pursuant to the direction, the first respondent University on 28.07.2003 disposed of his representation and informed him that the post of Superintending Engineer was abolished. The petitioner once again filed W.P.No.200 of 2004 seeking to set aside the said order. Once again, this Court by an order dated 23.10.2008 held that though the high-level Manpower Committee had recommended abolition of the post of Superintending Engineer, the same was not abolished. Infact, the University had called for applications to fill up the post from the retired employees to appoint them on contract basis. Therefore, the stand of the University was perverse and not reasonable and hence after setting aside the order dated 28.07.2003, the University was directed to consider the case of the petitioner for promotion to the post of Superintending Engineer.