ANNA UNIVERSITY REP Vs. S SESHACHARI

JUDGEMENT

(1.) Aggrieved by the order of the learned Judge dated 21.12.1998 made in W.P.No.8372 of 1991, quashing the impugned orders dated 28.04.1990 and 10.05.1991 and issuing direction to promote the writ petitioner - S. Shesachari as Assistant Registrar with effect from 28.04.1990, Anna University has filed the above writ appeal.

(2.) In the writ petition, the petitioner - first respondent herein challenged the proceedings of the University dated 28.04.1990 and 10.05.1991, appointing the second and third respondents as Assistant Registrars respectively; after praying for quashing of those orders, as a consequential relief, the petitioner has prayed for a direction to the University to promote him to the post of Assistant Registrar with effect from 28.04.1990. It is the grievance of the writ petitioner that the impugned orders are in violation of the Special Service Rules for the administrative posts, which prescribe qualifications for appointment to the post of Assistant Registrar in the University. It is also his claim that the impugned orders are the out come of the unguided and unfettered powers being violative of Article 14 and 16 of the Constitution of India. The experience, merit and ability of the writ petitioner were not considered and overlooked by the University.

(3.) The case of the appellant University is briefly stated hereunder: The appellant University was established under the Anna University Act, 1978. On its formation, the first respondent herein, who was employed as Assistant in the Chemical Technology, Department of Technical Education, Madras was transferred to the University under Section 36 (2) (a) (ii) of the Act and having exercised his option to serve the University, he joined the University on 21.06.1980 as Assistant. The second respondent, who was working as Deputy Inspector in the Department of Local Fund Accounts was sent on deputation to the appellant University as Superintendent with effect from 07.07.1980 and absorbed as Superintendent in the University with effect from 07.07.1980. The first respondent was promoted to the post of Superintendent only on 14.08.1981, as such he was junior to the second respondent in the cadre of Superintendent. The post of Superintendent is a feeder category for the post of Assistant Registrar.