Items No.36-37
THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
AND
THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
W.A.Nos.60 & 86 of 2021
COMMON JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)
1. This order is in continuation of the order passed on 10.06.2021
on which date, on noticing that the order dated 01.10.2019 impugned
by the Department in W.A.No.86 of 2021 was a consent order
wherein, learned Government Pleader appearing for the State had
submitted before the learned Single Judge that the Government had
already issued instructions to the Commissionerate of Collegiate
Education to implement G.O.Rt.No.983 dated 20.12.2012 and had
also issued a Memo dated 27.08.2013 and that the respondent No.2
would take appropriate steps to implement the said G.O, we had requested learned counsel for the appellants to address us on the maintainability of the aforesaid appeal.
2. For the sake of completion of facts, we may add here that the Department had approached the learned Single Judge by filing a review application for seeking review of the order dated 01.10.2019 which was rejected vide order dated 29.01.2021. The said rejection order is the subject matter of W.A.No.60 of 2021.
3. Today, Mr. A. Sanjeev Kumar, learned Special Government Pleader appears for the State and states on instructions that the appellants have implemented G.O.Rt.No.983 dated 20.12.2012 and W.A.Nos.60 & 86 of 2021 Page 1 of 2 granted notional promotion to the respondent No.1 on the post of Principal of the respondent No.2 since he had superannuated by then. He submits that subsequently, on going through the records, it transpired that the respondent No.1 was not eligible for being promoted to the post of Principal, as he did not possess a Ph.D Degree. He therefore submits that the present appeals may be closed with a clarification that the concession given by the Department in W.P.No.8761 of 2013 shall be not be treated as a precedent in any other matter, as G.O.Rt.No.983 dated 20.12.2012 came to be issued on an erroneous presumption and misappreciation of the facts of the case.
4. In view of the submission made by learned Special Government Pleader appearing for the State, as recoded hereinabove, the present appeals are closed along with the pending applications, if any, while clarifying that the consent order 01.10.2019 passed in W.P.No.8761 of 2013 shall not be treated as a precedent in any other matter in the future.
______________________________ HIMA KOHLI, CJ ______________________________ B. VIJAYSEN REDDY, J 17.06.2021 JSU/PLN W.A.Nos.60 & 86 of 2021 Page 2 of 2