The duty relationship between staff and management and the nature of the duty imposed on the body in invoking Article 226 of the Constitution.

In W.P.No.6048 of 2001, the Petitioner challenges the order of Transfer to the post of Special Officer, Lalith Kala Academy and seeks direction to restore him to the post of Principal and Member Secretary of Bharathiar Palkalaikoodam. In W.P.No.6049 of 2001, the Petitioner seeks declaration to declare para 113. 0 of the Minutes of the XVIIIth Governing Body Meeting dated 14.03.2000 as null and void and to remove the Third Respondent from the post of Member Secretary. In W.P.No.4879 of 2001, the Petitioner seeks direction to restore him to his original position as Principal, Bharathiar Palkalaikoodam and to pay all the arrears of salary and other monetary benefits.

2. All three Writ Petitions relate to same set of facts and hence, they were heard together and disposed of by this common order.

3. 1. Relevant facts in nutshell are as follows:-Bharathiar Palkalaikoodam (for short BPK) is a registered society sponsored and funded by the Government of Pondicherry with annual-grant-in-aid. The Petitioner was appointed as Principal in October 1995. On 11.03.1996, the Governing Body of BPK resolved to appoint a new Principal as Member Secretary. There was widespread disenchantment amongst staff and unrest amongst students leading to prolonged strikes and agitations, which disrupted the working of the institution. Certain irregularities and abuse of process of powers are alleged against the Petitioner.

3. 2. The Petitioner was asked to function as Full Time Officer on Special duty (for short "OSD")to look after the work in connection with Constitution of State Iyal Isai Nataka Mandram (Sangeet Natak Academy) and State Nunkalai Kuzhu/Mandram (State Lalit Kala Academy) vide order dated 20.12.1999. The Petitioner was permitted to draw his salary from BPK. That direction to assume as Officer on Special Duty for Sangeet Natak Academy (SNA) and State Lalit Kala Academy (LKA) is challenged in W.P.No.6048 of 2001.

3. 3. In its meeting held on 14.03.2000, the Governing Body of BPK has ratified appointment of Principal as Member Secretary in addition to his normal duties and responsibilities, pursuant to which, the Third Respondent was designated as Director cum Member Secretary, which is the subject matter in W.P.No.6049 of 2001. According to Petitioner, the Institution basically imparting Art and Culture and only persons with wide academic and cultural background and experience alone will be able to lead the Institution.

3. 4. Alleging that no infrastructure has been provided and that he is without work in SNA and LKA, the Petitioner has filed W.P.No.4879 of 2001 seeking direction for restoration to his original position.

3. 5. The Petitioner has alleged that he was not paid University Grants Commission (UGC) salary applicable to the post of Principal and Member Secretary and there are unauthorised deductions from his salary without affording any opportunity to him.

4. Contending that the Impugned Order of transfer is motivated one, learned Senior Counsel Mr. K.M. Vijayan has submitted that the Petitioner was transferred to a nonexistent post and transfer to such a nonexistent post is punitive. It was further submitted that for BPK, only persons of excellence in Arts and Culture could be appointed as Member Secretary and appointing one Kandiah, Director of Art and Culture as Member Secretary is illegal and in violation of U.G.C norms and regulations. Learned Senior Counsel further urged that by keeping the Petitioner idle in a nonexistent post, the talents of Petitioner is wasted apart from colossal waste of public money in paying salary to the Petitioner in a nonexistent post.

5. Mrs. Rita Chandrasekaran, learned counsel appearing for the Petitioner in W.P.No.4879 of 2001 has submitted that till date, no infrastructure has been provided to the Petitioner to work for Sangeet Natak Academy and State Lalit Kala Academy and that the Petitioner has been unjustifiably deprived of UGC Scale of pay and there is no justification in re