A JAISANKAR Vs. STATE

JUDGEMENT

(1.) These writ petitions have been filed by the petitioners challenging the impugned order dated 28.11.2015 passed in University Order No.928/(C1) 2015 by the Registrar of Annamalai University, Chidambaram, in and by which the petitioners have been re-designated as Special Officer Grade II in the revised pay band of Rs.9300-34800+Grade Pay of Rs.5100/- with admissible allowances with effect from 1.11.2015 from the post of Special Officer, on the ground that they have not possessed the minimum educational qualification of Post Graduate Degree with Second Class for holding the post of Special Officer, as per the University Calendar in Chapter XXVII-Standing Orders.

(2.) Mr.C.Selvaraju, learned senior counsel appearing for the petitioners in W.P.Nos.38537, 38538, 38640 to 38642 of 2015, leading the arguments, submitted that the petitioner in W.P.No.38537 of 2015, Mr.A.Jaisankar, having passed B.E.(Mechanical Engineering) course in the year 1995 conducted by Anna University, applied for the post of Special Officer in the respondent University and, on being selected, was posted at the Information Centre, Directorate of Distance Education, Padalur, Perambalur District on 23.3.2009. After declaration of his probation, he was confirmed in the said post on 24.3.2011. As he was appointed as Special Officer in the pre-revised time scale of pay of Rs.8000-275-13500, after introduction of the pay band as per the recommendation of the Sixth Pay Commission, his pay was fixed in the pay band of Rs.15600-39100 with a Grade Pay of Rs.5400/-. When the matter stood as above, the respondent Annamalai University was taken over by the Government in 2013, as such it became a Government University, resultantly it has come under the control of the Administrator. However, the Administrator found some alleged irregularities in the Annamalai University and one such irregularity was that the University appointed the Special Officers without qualification. But as per the calendar of Annamalai University for the post of Special Officer, the minimum educational qualification is a Master's Degree with second class. While so, the petitioner was appointed with B.E. Degree. Hence a show cause notice was issued to him on 6.7.2013 mentioning that he did not have the qualification for the post of Special Officer, namely, a Master's Degree with second class, for the which the petitioner submitted an explanation on 17.7.2013 stating that after passing the B.E.Degree in 1995, he joined the M.B.A. Degree in 2005 and, although he completed the course in 2007, he could not get through in respect of some papers. However, he completed the M.B.A. Degree in May, 2014. This was also duly informed to the management with a request to make necessary entry in his service register. Since the respondent did not enter the same in the service register, the petitioner made another representation on 4.8.2015. But the impugned order has been passed on 28.11.2015 by the Annamalai University reverting him to the post of Special Officer Grade II in the pay band of Rs.9300-34800 with a Grade Pay of Rs.5100/-. Since his pay has been reduced with effect from 1.11.2015, he suffered deprivation of salary in a sum of Rs.17000/- per month. Therefore, he has challenged the impugned order on the ground that the same is per se arbitrary, illegal and vitiated by errors of law and is liable to be set aside by this Court.

(3.) Arguing further, the learned senior counsel contended that when the petitioner was appointed as per the rules framed under the Annamalai University Act on 23.3.2009 and after the Annamalai University Act 20 of 2013 came into force with effect from 25.9.2013, as per the above Act, the status of the persons already appointed are protected as per Section 58(3)(e). Therefore, the respondent has no power or jurisdiction to take any action, particularly reversion from the post of Special Officer to the post of Special Officer Grade II, for the simple reason that all the appointed officers shall continue to hold the post in the University which is deemed to have been established under the Annamalai University Act 20 of 2013. The learned senior counsel also pleaded that in any event the impugned order is liable to be set aside, since no fault can be found against the petitioner, inasmuch as when the appointment was given by the University, at the time of appointment itself, they should have verified as to whether the petitioner has got the qualification for the post of Special Officer i.e., Master's Degree with second class and thereafter they should have passed the order of appointment, for, since B.E.Degree was also equivalent to the Master's Degree, the University appointed the petitioner as Special Officer, merely because there is a change of office, the petitioner cannot be penalized or reverted to the lower post violating the principles of natural justice.