K KUPPUSAMY Vs. ANNA UNIVERSITY

JUDGEMENT

(1.) THIS writ petition has been preferred by a retired professor and former Chairman, Faculty of Electrical Engineering of Anna University challenging the order dated 22.9.2005 in No.5135/Pd/7/2004 on the file of the second respondent whereby a sum of Rs.10.24 lakhs was determined as one time honorarium for developing a software package for Engineering students.

(2.) THE factual details as culled out from the affidavit filed in support of the writ petition are as follows:-

(3.) LEARNED counsel for the petitioner by placing reliance on the correspondence between the parties as well as the proceedings of the University contended that there was a binding contract between the parties whereby the University agreed to pay the consultancy charges to the petitioner. It was only after the completion of work by the team and payment of the first installment that the University has constituted a committee to fix the norms for the payment to the team for developing the software and as such post facto review cannot be permitted. LEARNED counsel further contended that the letter sent by the University to the petitioner clearly shows that the project was treated as any other consultancy project by the University and it is too late for them to contend that by using the word "administration" they meant only the administration aspect of the consultancy and not payment of the remuneration to the team treating it as a consultancy project.