A.R. KUMAAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The Government of Pondicherry has enacted Pondicherry Khadi and Village Industries Board Act, 1980 (in short, "the Act") and also framed relevant rules. In exercise of powers conferred under Section 3 of the Act, it established the 2nd respondent for the purpose of promoting and developing Khadi and Village Industries in the Union Territory of Pondicherry. Under Section 4, the 1st respondent has been constituting the Board by appointing not more than nine members.

(2.) Under Section 11(2) of the Act, the 2nd respondent Board is empowered to appoint a financial Advisor -cum -Chief Accounts Officer and such other Officers and servants as it considers necessary for its effective performance of its functions. Under Section 28 of the Act, the 2nd respondent is required to submit the programmes before the 1st respondent for the creation of various posts. Accordingly, the posts have been created by the 2nd respondent, which have been approved by the 1st respondent. The 2nd respondent has appointed the 3rd respondent (I) as L.D.C on 29.8.1988, (II) as U.D.C on 3.9.1997, (III) as Assistant Programmer on 1.6.1998 and (IV) as Programmer on 1.11.1998. The 2nd respondent has published advertisement in The Hindu on 22.5.1999 inviting applications from the candidates possessing Master's Degree in Public Administration. Ten candidates submitted their applications. The three candidates, who have completed Master's Degree in Public Administration, were called for Interview, in which, the 3rd respondent was one of them. He was found to be fit for recruitment. Accordingly, by the order dated 1.6.1999, the then Chief Executive Officer appointed the 3rd respondent as the Deputy Chief Executive Officer with effect from 1.6.1999. He joined duty therein and worked in the said post.

(3.) A resolution was passed by the 2nd respondent on 24.1.2001 by which it was resolved to transfer the post of Deputy Chief Executive Officer from Pondicherry to Karaikal along with the incumbent. Resolution No.13 was passed by the 2nd respondent on 14.8.2001, which is as follows: "The Board ratified the decision taken by circulation to abolish the post of Deputy Chief Executive Officer and to terminate the individuals with effect from 19.06.2001. Further, the Board was apprised of the subsequent developments that had taken place on the subject."