JAFARULLAH Vs. KOTA OPEN UNIVERSITY

JUDGEMENT

(1.) THE instant writ petition has been filed for quashing the order dated 16.12.1994 contained in Annexure. 10 to the petition, by which the promotion given to the petitioner had been withdrawn by the respondent university.

(2.) PETITIONER was appointed as Computer Programmer cum Operator in the respondent university vide order dated 5/6th April, 1989. Vide order dated 9.1.1990, the Vice Chancellor of the respondent university sanctioned the pay scales under the Rajasthan Civil Services (Revised Pay Scales) Rules, 1989 to the employees of the university. As the Rules of 1989 were made applicable with effect from 1.9.1988, the pay scale for the post of Computer Programmer cum Operator was prescribed as Rs. 2000 -3200/ - as is evident from Annexure. 3 to the petition. Petitioner made various representation to grant the said revised pay scale but the same was not considered. Being aggrieved and dissatisfied, petitioner approached this Court by filing S.B. Civil Writ Petition No. 3409 of 1991 and this Court, vide order dated 25.7.1991, passed an interim order to fix the pay scale of petitioner as provided under the order dated 9.1.1990 contained in Annexure. 2. To ensure compliance of the order passed by this Court, the respondent university, vide order dated 8.8.1991, granted the pay scale of Rs. 2000 -3200/ - to the petitioner with effect from 17.4.1989. Petitioner subsequently, for the reasons best known to him, withdrew the said writ petition No. 3409/1991 on 8.11.1994. As a consequence of dismissal of the writ petition as withdrawn, the respondent university passed the order dated 16.12.1994 putting the petitioner on the original pay scale. Being aggrieved and dissatisfied, the petitioner has approached this Court again.

(3.) MR . Mehta has vehemently argued that once the petitioner has got the relief from the respondent university as per the interim order of this Court, the writ petition filed by him had become infructuous and passing the impugned order amounts to not only abuse of the power but also the contempt of the Court. Once the relief and been granted, there was no occasion for the respondent university to withdraw the same. On the other had, it has been contended by the respondents that the instant writ petition is not maintainable at all and, therefore, this Court cannot entertain any plea made by the petitioner.