ORDER :

1. The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:

“to issue a writ in the nature of Certiorari or any other appropriate writ order or direction by declaring the order of suspension issued by the 4th respondent vide O.C. No. 2058/2017 dated 04.09.2017 is illegal. Arbitrary and violative of Articles 14, 16 and 21 of the Constitution of India besides violative of Principles of Natural Justice and consequently set aside the same and to pass such other orders in the circumstances of the case.”

2. The brief facts of the case are that though the petitioner was issued appointment order dated 08.03.2002 to the post of Physical Director (Aided Post), he was not allowed to discharge his duties on the ground that the 4th respondent-college sent proposals to the respondents No. 2 and 3, seeking approval of his appointment.

3. As no orders were passed approving his appointment, the petitioner filed W.P. No. 1820 of 2003, wherein, initially an interim order was passed on 18.03.2003, directing the respondents to pay the salaries to the petitioner from 08.03.2002 and to continue to pay salary every month. In pursuance of the said Interim Orders, the petitioner was allowed to discharge his duties. Subsequently, vide orders dated 05.12.2007, the Writ Petition No. 1820 of 2003 was disposed of by observing as follows:

“in view of filing of W.P. No. 11179/1999, permission to fill up the aided post of Physical Director was cancelled and as such, though the petitioner is being continued in service, his services were not regularized. Since the said W.P. No. 1179 of 1999 is dismissed as infructuous today i.e. on 05.12.2007, I am of the opinion that now there will not be any hurdle in the way of the respondents for considering the case of the petitioner.

Under those circumstances, the respondents shall consider approving the appointment of the petitioner and regularizing his services from the date of his appointment i.e. from 08.03.2002, without reference to the cancellation of the permission to fill up the post, vide proceedings dated 16.03.2002, in view of the fact that he was already subjected to regular selection process. The respondents shall complete this exercise within a period of eight weeks from the date of receipt of a copy of this order.

With the above directions, the writ petition is disposed of. No order as to costs.”

4. In spite of the orders of this Hon’ble court in W.P. No. 1820/2003, the 2nd respondent issued memo dated 06.02.2008 stating that the 3rd respondent is competent to approve his appointment as Physical Director, referring to a letter in R.C. No. 1330/E1-2/2003-04 dated 20.09.2004.

5. Questioning the said inaction on the part of the 3rd respondent for not approving or issuing appointment orders, the petitioner filed W.P. No. 7933 of 2008, wherein there was an interim order on 18.04.2008, which is as follows:

“This court takes a serious exception to the way in which the Commissioner of Intermediate Education has functioned. On the one hand, it was observed that the Commissioner is not the competent authority to accord approval for the appointment of the petitioner and on the other hand extensive discussion was undertaken including the one finding fault with the petitioner about the alleged suppression of facts. If at all anything, it only reflects the callousness with which the matter was dealt with. In case, the Commissioner was not competent authority, the only thing which he ought to have been done was to forward the matter to the Board of Intermediate Education, the 2nd Respondent herein.

The 1st respondent is accordingly directed to forward the matter to the 2nd respondent, shall pass appropriate orders in the matter, within a period of Four(04) weeks from the date of receipt of a copy of this order.”

6. As the said order passed by this court was not complied with, the petitioner filed C.C. No. 1218 of 2012 before this court, wherein the 3rd respondent f