R. KANDASAMY AND ORS. Vs. THE COMMISSIONER & SPECIAL COMMISSIONER, HR & CE DEPARTMENT AS GOVERNING COUNCIL CHAIRMAN OF A.P. POLYTECHNIC AND ORS.

JUDGEMENT

(1.) The petitioner in this writ petition rendered temporary service from 1.7.1986 to 30.4.1987 in the Arulmighu Palaniandavar Polytechnic. Later, he rendered temporary service in another polytechnic from 8.6.1987 to 8.6.1988. Thereafter, he was appointed as Instructor (Structural Engineering) with effect from 16.6.1988 in the fourth respondent polytechnic.

(2.) As per the orders passed in WP. No. 26611 of 1997 dated 20.11.1998, the writ petitioner was promoted to the post of Lecturer with effect from 19.8.1989, after creation of a supernumerary post with retrospective effect. This post was upgraded as Senior Lecturer. The fifth respondent in the writ petition was directly appointed as Lecturer on 30.12.1989. Since the petitioner was promoted as Lecturer only after his success in the writ petition in 1998 with retrospective effect from 19.8.1989, the petitioner claimed seniority. The petitioner was treated as senior to the fifth respondent and was posted as Head of the Department In -Charge. The petitioner was not posted on a regular basis as Head of the Department. Therefore, the petitioner has come up with the above writ petition seeking a Mandamus to direct the respondents to promote him to the post of Head of the Department.

(3.) The petitioner was appointed as Junior Assistant in the polytechnic on 1.7.1986. He was given selection grade and special grade respectively on 1.7.1996 and 1.7.2006, upon completion of 10 years and 20 years of service.