C MURALI KRISHNA REDDY Vs. D E O

JUDGEMENT

(1.) This writ petition is filed for the issue of a writ of certiorari or other appropriate writ or direction calling for all the records connected with the proceedings in Rc.No.151/83/85-2 dated 24-2-1989 issued by the third respondent (here in after referred to as the impugned proceedings) and to quash the same to the extent of reducing the basic pay of the petitioner from Rs.900/- to Rs.700/- per month, as illegal, improper, arbitrary and violative of the principles of natural justice.

(2.) Most of the facts which are not in dispute are the following: The post of the Head-Master of Munnalal Sanskrit Patashala, Secunderabad fell vacant and consequently the second respondent-Correspondent of the said institution issued a notification calling for applications from the qualified candidates for the post of Head-Master in the columns of Deccan Chronicle in the month of February, 1984. The petitioner and 3 others applied for the said post and there was an interview on 26-3-1984. The interview committee consisted of the following members: 1. Deputy Educational Officer, Secunderabad. 2. Pandit Sri Rajaram Sastry (Expert). 3. Secretary & Correspondent of Munnalal Sanskrit Pathasala. 4. Managing Committee member of Munnalal Sanskrit Pathasala. 5. Member of Munnalal Patashala.

(3.) Having conducted the interview, the petitioner was selected for the post of Head-Master in the scale of Rs.900-40-1300-50-1500, on 30th March, 1984. As per letter No.MSP/83-84/36, the factum of selection of the petitioner as Head-Master of second respondent institution was duly intimated to the District Educational Officer, Hyderabad with effect from 26-3-1984 and requested the District Educational Officer to ratify the said appointment and to release the grant in respect of the Head-Master with immediate effect. Having received the communication referred to above the District Educational Officer, Hyderabad as per his proceedings in Rc.No.8109/E3/Est/83-84 dated 28-6-1984 ratified the appointment of the petitioner as the Head-Master of R-2 institution with effect from 26-3-1984 as requested. After the petitioner was appointed as Head-Master in the second respondent institution, a service book was opened wherein it was duly mentioned that the petitioner was appointed as the Head-Master of the second respondent institution with effect from 26-3-1984, on the scale of pay of Rs.900-1500 and the said appointment was duly ratified by the District Educational Officer as per proceedings dt.28-6-1984. Admittedly the petitioner has been discharging his duties as Head-Master to the satisfaction of one and all drawing salary as per the scale above referred to i.e., Rs.900-40-1300-50-1500. From time to time the District Educational Officer and other authorities have been conducting inspections of the second respondent institution and thus things were moving on smoothly. While so, on 24-2-1989 nearly about four years 11 months after his appointment under the impugned proceedings the Director of Public Instructions while directing the District Educational Officer, Hyderabad district to release the grants towards salary to the staff of the second respondent institution upto February, 1989 with immediate effect pending finalisation of the issue, has further stated as follows: