N SUBRAMANYAM Vs. CHAIRMAN VISAKHAPATNAM PORT TRUST

JUDGEMENT

(1.) Petitioner seeks a writ of Certiorari calling for the records relating to the orders passed by the third respondent in proceedings No.E/M/PC/4356/2142 dated 19-2-1994 as confirmed by the first respondent in his oroceedings No. Al/Mech. 1/ Perl.NS/94. dated23-6-1994 and to set aside the said proceedings by holding them as arbitrary, unjust, illegal and violative of the principles of natural justice. Petitioner further seeks a direction to respondents 1 to 3 to reinstate him as Driver (Upgraded) in the Visakhapatnam Port Trust by duly counting the period of his absence for 19-2-1994 till the date of reinstatement as on duty with all consequential benefits.

(2.) Petitioner states that he studied in C.B.M. High School, Visakhapatnam during the year 1960-61. On account of financial stringencies, he joined the Indian Army as a driver as he had Heavy Truck Driving Licence. Due to compelling circumstances, he sought retirement from Indian Army and accordingly he was discharged from army service.

(3.) According to the petitioner he was recruited in the Chief Mechanical Engineering department of Visakhapatnam Port Trust as a Greaser against one of the posts reserved for Ex-servicemen. He joined in the said post on 19-11-1969. The qualification required for the post of Greaser in the Mobile Crane Complex of the Chief Mechanical Engineering Department of the Port Trust was. that the person must possess the Heavy Truck Driving Licence. Since the petitioner possessed the same, he was recruited and joined the service. Later on, he was also promoted as Junior Driver and also as Driver (upgraded). He states that right from the date of joining, he has been serving the department without any blemish.