R GOPALAKRISHNAN Vs. PONDICHERRY UNIVERSITY

JUDGEMENT

(1.) PETITIONER seeks Writ of Certiorarified Mandamus to quash the order of the 1st Respondent dated 28.7.2003 in No.PU/Estt/NT9/A14/2003-04/177 and direct Respondents to consider the PETITIONER for promotion to the post of Superintending Engineer and promote him with all consequential benefits.

(2.) BRIEFLY stated case of the Petitioner is as follows:-(i) Petitioner holds M.E. Degree in Structural Engineering. He has started his career as Jr. Engineer in Public Works Department of Government of Pondicherry and later became Asst. Engineer. After serving in the department, Petitioner was appointed as Asst. Engineer in the 1st Respondent University where Petitioner has rendered service for about 15 years. Petitioner is presently working as Executive Engineer in 1st Respondent University, Pondicherry.(ii) Case of the Petitioner is that he has rendered 10 years service in P.W.D. and 15 years service in the 1st Respondent University and he is fully qualified for promotion to the post of Superintending Engineer. Petitioner was stagnating in the post of Executive Engineer from 10.10.1988.(iii) Engineering Wing of the 1st Respondent University has a cadre strength of two Draughtsman, two Jr. Engineers, two Asst. Engineers, one Executive Engineer and one Superintending Engineer.(iv) Grievance of the Petitioner is that post of Superintending Engineer has not been filled up for about 12 years which resulted in stagnation of the Petitioner and at the level Asst. Engineer. Petitioner has averred that 1st Respondent University has failed to fill up the post of Superintending Engineer which has had two adverse effects (i) stagnation of the Petitioner in the present cadre for the past 15 years (ii) obstructing Petitioner's career advancement. Petitioner has made several representations to the Respondents seeking promotion to the post of Superintending Engineer.(v) Earlier, Petitioner has filed W.P.No.17883/2003 wherein, Court has directed the 1st Respondent University to consider Petitioner's representation and pass orders on merit. First Respondent University by the impugned order dated 28.7.2003 had taken a stand that high-level Manpower Committee constituted had observed that there was no need for the post of Superintending Engineer and based upon the recommendation, the said post was abolished. According to the Petitioner, it is false to state that post of Superintending Engineer was already abolished and Petitioner challenges the impugned order on that ground.

(3.) POINTING out that Petitioner has been stagnated in the same post for more than 10 years, learned Senior Counsel for the Petitioner has submitted that Petitioner has got all requisite qualification and therefore, it is incumbent upon the 1st Respondent University to consider the Petitioner for promotion.