N SATYANARAYANAMURTHY Vs. ANDHRA PRADESH AGRICULTURAL UNIVERSITY

JUDGEMENT

(1.) In this writ petition the order, dated 21st September, 1979 passed by the Registrar, Andhra Pradesh Agricultural University, the 1st respondent herein reverting the petitioner to the post of the Assistant Librarian from the post of Librarian is challenged This writ petition raises the usual problem of service tenure when one institution is taken over by a newly constituted institution. The facts leading to the impugned order are as follows:

(2.) The petitioner is working as an Assistant Librarian since 12th September, 1956 in the Agricultural College, Bapatla. The college was taken over by the University in the year 1964, when the University came into being. In the year 1972, a vacancy has arisen in the post of librarian as one Sri S. Gopala Krishna Murthy went on leave for Research work at Training Centre, Bangalore. On 24th February, 1972, the Principal recommended that the petitioner may be promoted as Librarian in the said vacancy in view of his experience and the requisite qualifications possessed by him. Accordingly on 12th April, 1972, initially he was put in additional charge of the post of the Librarian from 9th April, 1972. As per the order, dated 2nd May, 1972, the earlier order was modified stating that the period of additional charge must be commenced from 15th April, 1972. Subsequently as per order, dated 22nd May, 1972 a regular order was passed promoting him as Librarian. This case involves interpretation of the said order. Hence the said order may be extracted which reads as follows "Sri N. Satyanarayana Murthy, Assistant Librarian, Agricultural College, Bapatla is promoted temporarily as Librarian and posted in the same college in the Scale of Rs. 150-10-300, against the existing post of librarian in Agricultural College, Bapatla. The above promotion is purely temporary and liable to be reverted at any time without notice and without assigning any reasons therefor. It does not confer on him any right either for continuance or for future regular appointment. The Principal, Agricultural College, Bapatla is requested to intimate the date of joining duty of Sri N. Satyanarayana Murthy as Librarian for record in this office." On 13th April, 1977 he was reverted to the post of Assistant Librarian and one Rama Krishna Reddy was posted as Librarian in his place. The said order was challenged by the petitioner in Writ Petition No. 1215 of 1977 and on the representation of the University Authorities that the impugned order in the said writ petition was cancelled by them by a separate order issued by them on 8th June, 1977, the writ petition was dismissed on 5th August, 1977 by this Court as became infructuous. Thereafter new set of rules were framed prescribing higher qualifications to the librarian as per proceedings, dated 3rd February, 1978. It appears that application were called for the said post of Librarian including the post with which we are concerned and which was occupied by the petitioner. The petitioner was also advised to apply to the said post and he applied under protest stating "I am applying for the post of Librarian without prejudice to the contention that there cannot be any appointment of librarian as I am holding the said post and I am qualified to hold the post." No details of interview of the list of candidates interviewed are made available to me. Subsequently the impugned order was passed on 21st September, 1979 reverting the petitioner to the post of Assistant Librarian and appointing the 2nd respondent as Librarian in the post in which the petitioner was working. The above writ petition was filed impleading the 2nd respondent as a party and this Court granted stay of the further proceedings and Consequently the 2nd respondent did not take charge of the new post after his appointment and the petitioner is continuing in the said post in view of the stay orders. It may also be stated that the 2nd respondent did not contest the matter and not represented by a Counsel.

(3.) The learned Counsel for the petitioner submitted that the impugned order is illegal as the post held by him did not fall vacant and hence the question of filling up the said vacancy would not arise. Further, the petitioner fulfilled the requisite qualifications as per the rules in force on 22nd May, 1972, when he was promoted as Librarian and subsequent amendment to the rules which came into force on 3rd February, 1978 prescribing higher qualifications would not apply to him and there is no necessity of satisfying the requisite qualifications under the new rules It is also alleged that in view of the unconditional cancellation of the earlier order reverting him, would estop the authorities to revert him once again on the ground of the petitioner not satisfying the requisite qualifications. Further it is contended that the 2nd respondent also does not satisfy the requisite qualifications including the age and the authorities are bent upon reverting him and intended to harass him and benefit the 2nd respondent.