B. GOPALASWAMY Vs. THE UNION TERRITORY OF PONDICHERRY, REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT OF PONDICHERRY AND ANR.

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution of India praying for the issue of a writ of certiorari to quash the order of the second respondent dated 1st November, 1974 by which the services of the petitioner as Section officer (redesignated as Junior Engineer) were terminated with effect from 28th November, 1974.

(2.) THE post of a Section officer in the Public Works Department of the Union Territory of Pondicherry is a class III post and is filled either by promotion from among the categories of Draftsman Grades I and II who had practical experience of not less than three years in Public Works Department or by direct recruitment.

(3.) THE learned Counsel for the petitioner contended that even if, at the time of appointment, the minimum educational qualification required was a diploma in L.C.E. he was appointed as a Section Officer by the order of the Government, dated 5th August, 1958 without any condition as to his acquiring a pass in the L.C.E. Diploma course. But, on the other hand, when the temporary posts of Section Officer were made permanent, the petitioner was confirmed as a Section Officer with effect from 1st of April, 1964. Even in that confirmation order, there was no condition that he should appear 'for an examination or pass the Diploma course in L.C.E. On the other hand, even the seniorities were fixed on the basis that he was fully qualified for appointment as a Section Officer. Therefore, the subsequent direction of the Government requiring him to pass the examination in L.C.E., is illegal and beyond the jurisdiction of the respondents. He further contended that the petitioner's service could not be terminated on the ground that he is not possessed of the minimum educational qualification prescribed for the port of a Section Officer. The learned Counsel is well founded in his contentions.