KRISHNASWAMI K R Vs. DIRECTOR OF TECHNICAL EDUCATION

JUDGEMENT

(1.) IN this petition for the issue of a writ of mandamus, we have to consider whether the petitioner was reduced in rank as per the rules and regulations and conditions of service, and whether the impugned order was passed on an erroneous exercise of jurisdiction, misinterpretation and misconstruction of the rules.

(2.) THE writ petitioner entered Government service in the year 1945 and was in charge of teaching and training students in the Government Cinematography and Sound Engineering section. Before ho joined Government service, he had served as a cameraman for four years in Motion Picture Producers (Combine), Ltd. While he was working as a cinema assistant in the Central Polytechnic, he was appointed as Maintenance Engineer, Films Division, Bombay, with effect from 29 November 1954, and, in his place, one B. sivathanu Pillai, much junior to the petitioner, was appointed. While he was employed as Maintenance Engineer, Films Division, Bombay, the Government of Madras, in their G. O. Ms. No. 734, Education, dated 16 April 1058, appointed the petitioner, who was on other duty under the Government of India, to act regularly as head of sound engineering section, Central Polytechnic, Madras, with effect from 12 January 1956. This order stated that it was without prejudice to his appointment as Maintenance Engineer, Films Division, Bombay. As the petitioner was in Bombay, the and Sivathanu Pillai was appointed, by the same Government Order, to act regularly as head of sound engineering section, Central Polytechnic, Madras. Subsequently the petitioner grot himself relieved from the post of Maintenance Engineer, Films Division, and reported to duty as head of section, cinematography and sound engineering. Central Polytechnic. But the Director of Technical Education posted the petitioner as Special Officer for Outdoor Films, Central Polytechnic, toy his order dated 22 July 1959. The Director of Technical Education thereby allowed the said Sivathanu pillai to continue as the head of the cinematography and sound engineering section, for which post the petitioner was originally appointed in G. O. Mb. No. 734, dated 16 April 1958. The petitioner attacks the validity of this order dated 22 July 1959 as also the subsequent order dated 14 March 1962 and attributes motives and mala fides to the Director of Technical Education.

(3.) IT is an admitted case that the Government themselves passed various orders from time to time first announcing the appointment of the petitioner as head of cinematography and sound engineering section, then regularizing the same and then notifying the same in the gazette. It is, therefore, necessary for me to state in detail the Government orders passed from time to time starting from 1958 and ending with 14 March 1962, the date on which the petitioner was appointed to act as Special Officer for Outdoor Films.