PRINCIPAL (IN-CHARGE) Vs. R. ANBAZHAGAN

JUDGEMENT

(1.) THIS writ appeal is filed against the order of the learned single Judge made in W.P.No.11512 of 2010, dated 13.09.2012, wherein the order passed by the first respondent therein, who is the first appellant herein, dated 17.05.2010, cancelling the appointment of the writ petitioner/respondent herein, was set aside.

(2.) THE writ petitioner, who was appointed as Pump Operator by the first appellant, as per order, dated 20.11.2009, was ousted from service, by order, dated 17.05.2010, against which, he has filed the writ petition for reinstatement into service with all benefits. The case of the first respondent/writ petitioner before the learned single Judge was that he was initially appointed as Havil Dhar in Indian Army and was discharged after completing twenty years of service. It is also the case of the first respondent that he obtained Trade Proficiency Certificate, which is equivalent to ITI and his name was sponsored by the Employment Officer, Krishnagiri, for appointment to the post of Pump Operator. The writ petitioner attended the interview on 04.02.2009; selected by the first appellant on 20.11.2009; and joined duty on 02.12.2009. However, the second appellant directed the first appellant to cancel the appointment of the writ petitioner on the ground that the writ petitioner does not satisfy the qualification prescribed under the Government Order issued in G.O.Ms.No.220, Higher Education Department, dated 06.07.2009. Based on the directions, the first appellant terminated the writ petitioner from service, by order dated 17.05.2010, wherein it is stated that the writ petitioner is lacking educational qualification and therefore, he is ousted from service.

(3.) THE learned counsel for the respondent/writ petitioner also relied on the judgment made in W.P.No.10840 of 2010, dated 02.11.2010, for the proposition that the qualification prescribed subsequent to the selection will not be applicable to the selection already made. The said judgment was challenged before the Division Bench of this Court in W.A.No.2031 of 2011 and the writ appeal was dismissed on 23.11.2011 and following the said judgment, the learned single Judge allowed the writ petition.