LAWS(APH)-2014-1-34

O.RAMASUDARSHANA REDDY Vs. SRI VENKATESWARA UNIVERSITY

Decided On January 20, 2014
O.Ramasudarshana Reddy Appellant
V/S
Sri Venkateswara University Respondents

JUDGEMENT

(1.) The sole petitioner seeks for a Writ of Certiorari to set aside the order dated 03.11.2000 appointing the fourth respondent as Enquiry Officer by the first respondent-University and also to set aside the order dated 11.02.2002 removing the petitioner from service on the ground that the orders are illegal, violative of principles of natural justice and violative of Articles 14, 16 and 21 of the Constitution of India.

(2.) The petitioner was appointed on 03.10.1968 as an Attender in the first respondent-Sri Venkateswara University, Tirupati. On 09.04.1974 he was promoted as a Lower Division Clerk (LDC, for short). On 04.04.1987 the petitioner was placed under suspension; on 12.11.1987 his services were terminated. The petitioner challenged the termination orders, through Writ Petition No.5088 of 1998. A Division Bench of this Court held that the termination of the petitioner without due enquiry is violative of principles of natural justice and set aside the termination, through orders dated 26.10.1999. Basing upon the orders of the Division Bench, the petitioner was restored to duty, through orders dated 18.05.2000. The petitioner reported to duty on 12.06.2000. The petitioner was immediately placed under suspension on the very next day on 13.06.2000.

(3.) However, the University filed WPMP No.24251 of 2000 in WP No.10468 of 2000 seeking for extension of time to comply the enquiry. The petitioner herein has taken a stand therein that the University has not been paying subsistence allowance under the revised pay scales. Recording that the petitioner herein was entitled to subsistence allowance in terms of the revised pay scales, WPMP No.24251 of 2000 was allowed on 19.10.2000 granting extension of time to complete the enquiry by three months.