K RAMACHANDRAN Vs. CENTRAL UNIVERSITY OF PONDICHERRY

JUDGEMENT

(1.) THE Writ Appeal has been preferred by the appellant challenging the order of the learned single Judge, whereby the Writ Petition filed was dismissed upholding the orders impugned dated 01.06.1992 and 17.05.1995.

(2.) THE appellant herein was appointed by the first respondent as a Junior Assistant cum Typist on 22.06.1987. THE second respondent was appointed as Junior Assistant cum Typist on 02.06.1986 and the third respondent was appointed in the said post on 15.05.1987. THE post of Junior Assistant cum Typist is a feeder category to the post of Assistant. THE criteria which was adopted by the Department of Promotion Committee for the recruitment to the post of Assistant from the feeder cadre of Junior Assistant cum Typist is that, an employee should be a Graduate with three years experience in the cadre of Junior Assistant. THEre were 14 posts which were vacant for the post of Assistant as on 01.12.1989. 11 posts were filled up by promotion in the year 1989 and 3 posts which were inclusive of 2 posts for the category of Scheduled Castes, have been kept vacant.

(3.) CHALLENGING the appointment made by way of promotion to respondents 2 and 3 with effect from 11.05.1992, the Writ Petitioner has filed the Writ Petition on 09.11.1995, after a period of 3 years and 5 months. The learned single Judge was pleased to dismiss the Writ Petition by holding that inasmuch as the amendment by which the respondents 2 and 3 have been promoted as Assistants is retrospective in nature, coupled with the fact that admittedly they are seniors in the post of Junior Assistant to the appellant, the grievance of the appellant cannot be considered. CHALLENGING the order passed by the learned single Judge, the present Writ Appeal has been filed.