IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TWENTY EIGHTH DAY OF FEBRUARY lf§ TWO THOUSAND AND TWENTY FIVE y -0 Oil' . "WO n ^ 2^ O. PRESENT THE HONOURABLE DR JUSTICE K.MANMADHA RAO WRIT PETITION NO: 31573 OF 2022 & C.C.No.4887 of 2023 WRIT PETITION NO: 31573 OF 2022 Between: 1. S Abdul Sattar, S/o. S.Mustafa Saheb, Age . 67 years, Occ. Retd. Professor, S.V.University,Now R/o. Door. No. 19-7-87/25, 106, Meghana Residency, Balaji Colony, Tirupati 2. D. Chenga Reddy, S/o.Muniswamy Reddy, Age . 72 years, Occ. Professor, S.V.University, R/o.502, Sri Saptagiri Sadan Second Cross East, Vidyanagar, Tirupati, Chittoor Dist. ...Petitioners AND 1. Sri Venkateswara University, Represented by its Registrar, Administrative Buildings, Tirupathi Chittoor District. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Higher Education (University Education) Dept, A.P.Secretariat, Velagapudi, Amaravathi, Guntur District. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not implementing the resolution passed by the Executive Council, dated 31.01.2017 in implementing G.O. Ms. No. 38 HE (UE) Department, dated 23.06.2016, letter of State Council of Higher Education Letter dated 17.01.2019, Orders of the Government in Letter No. 3380/U.E./A1/2017, dated 21.02.2019, and Orders of the Government in Letter No. 3380/U.E./A1/2017, dated 13.08.2019, in spite of making repeated "’-W \ representations on 12.06.2017, 13.02.2019, 27.07.2019 16.08.2019. 02.12.2020, 06.02.2021, and 17.03.2021 is illegal, arbitrary, violates Article i4, 16 and 21 of the Constitution of India and consequently declare that Mhe petitioners are entitled for fixation of pay not below Rs.43000 in pay band of Rs.37400-67000 with GPA Rs.10000 w.e.f. 01.01.2006 as per G.O. Ms. No. 14 HE (UE) Department, dated 20.02.2010 with all arrears with interest at the rate of 14percent per annum and consequential fixations. lA NO: 1 OF 2022 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to issue interim direction directing the Respondents to forthwith implement the Orders of the Government in Letter No. 3380/U.E./A1/2017, dated 21.02.2019 and in Letter No. 3380/U.E./A1/2017,dated 13.08.2019 for fixation of pay at Rs.43,000/- in pay band of Rs.37,400/- 67,000/- with applicable AGP of Rs. 10,000/- and pay the arrears as per the orders G.O. Ms. No. 14 HE (UE) Department, dated 20.02.2010 w.e.f. 01.01.2006 pending disposal of the above Writ Petition. in Counsel for the Petitioner: SRI P V RAMANA Counsel for the Respondent No.1: SRI BUTTA VIJAYA BHASKAR SC FOR SRI VENKATESWARA UNIVERSITY Counsel for the Respondent No.2: GP FOR SERVICES - III CONTEMPT CASE NO: 4887 OF 2023 Petition under Sections 10 to 12 of Contempt of Courts praying that in the circumstances stated in the affidavit file herein the High Court may be pleased to Act 1971 summon and punish the Respondent/Contemnor under Section 10 to 12 of the Contempt of Court Act for willfully and intentionally violating and Deliberately disobeying the orders passed by the / Hon'ble High Court in W. P. No. 31573 of 2022 dt. 27.09. 2022 under the Provisions of Contempt of Court Act in the interests of justice. Between: 1. S. Abdul Sattar, S/o. S. Mustafa Saheb, Age . 67 years, Occ. Retd. Professor, S.V. University, Now R/o. D No. 19-7-87/25, 106, Meghana Residency, Balaji Colony, Tirupati, Chittoor District. 2. D.Changa Reddy, S/o.Muniswamy Reddy, Age . 72 years, Occ. Professor, S. V. University, R/o.502, Sri Saptagiri Sadan Second Cross East, Vidyanagar, Tirupati, Chittoor District. ...Petitioners AND Sri 0. Mohd. Hussain, S/o. Vuthunna Registrar Venkateswara University, Tirupati, Tirupathi District. ...Contemnor Counsel for the Petitioners: SRI P V RAMANA Counsel for the Respondent: SRI BUTTA VIJAYA BHASKER The Court made the following common order: APHC010515732022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3310] FRIDAY THE TWENTY EIGHTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 31573/2022 & CONTEMPT CASE NO: 4887/2023 WRIT PETITION NO: 31573/2022: Between: ...PETITIONER(S) S Abdul Sattar and Others AND ...RESPONDENT(S) Sri Venkateswara University and Others Counsel for the Petitioner(S): 1. P V RAMANA Counsel for the Respondent(S): 1.GP FOR SERVICES III 2.BUTTA VIJAYA BHASKAR ( SC FOR SRI VENKATESWARA UNIVERSITY CONTEMPT CASE NO: 4887/2023: Between: ...PETITIONER(S) S. Abdul Sattar, and Others AND Sri O Mohd Hussain ...CONTEMNOR 2 Counsel for the Petitioner(S): 1.P VRAMANA Counsel for the Contemnor; 1. BUTTA VIJAYA BHASKER The Court made the following Common Order: The Writ Petition No.31573 of 2022 is filed under Article 226 of the Constitution of India, seeking the following relief; “....to issue a Writ, order or direction more particuiarly one in the nature of Writ of Mandamus declaring the action of the respondents in not implementing the resolution passed by the Executive Council dated 31.01.2017 in implementing G.O.Ms.No.38 HE (UE) Department, dated 23.06.2016, letter of State Council of Higher Education Letter dated 17.01.2019, Orders of the Government in Letter No.3380/U.E./Al/2017, dated 21.02.2019 and Orders of the Government in Letter NO.3380/U.E./A1/2017, dated 13.08.2019 in spite of making 12.06.2017, 13.02.2019, 02.12.2020, 06.02.2021 and repeated representations on 27.07.2019, 16.08.2019, 17.03.2021 is illegal, arbitrary, violates Article 14, 16 and 21 of the Constitution of India and consequently declare that the petitioners are entitled for fixation of pay not below Rs.43000 band of Rs.37400-67000 with GPA Rs.lOOOO w.e.f. in pay 01.01.2006 as per G.O.Ms.No.l4, HE (UE) Department, dated 20.02.2010 with all arrears with interest at the rate of 14% per annum and consequential fixations....’’ Brief facts of the case are that the petitioners are Directly Recruited Professors under the respondent-University during the year 2. 2006-2007. The Government issued G.O.Ms.No.14, Higher Education (UE) dated 20.02.2010 implementing UGC Revised Pay Scales 2006- Department 2007 to the Teaching Staff in the Universities and Colleges with effect from 01.01.2006. The Executive Council passed resolution dated 11.03.2010 3 implementing the said G.O. with effect from 01.01.2026. As per the Appendix to the said G.O., “that the pay of a Directly Recruited Professor shall be fixed at a stage not below Rs. 43,000/- in the Pay Band of Rs.37400-67000, with the applicable AGP of Rs. 10000. "Accordingly, the Vice Chancellor on 30.06.2010 passed proceedings fixing the petitioners’ pay as per the above said G.O. with a pay scale minimum of Rs.43390+10000 AGP on 01.07.2006, Rs.45000+10000 AGP on 01.07.2007, Rs.46650+10000 AGP on 01.07.2008 Rs.48350+10000 AGP on 01.07.2009 issued the proceedings. Thereafter, the Government issued Memo No.6882/UE.11/2010-1, dated 06.07.2010, clarifying that “Pay of Directly Recruited Professors who have been recruited prior to 20.02.2010 shall be fixed as per fitment table in the pay band of Rs.37400- 67000 as per the rules in G.O.Ms.No.208, Higher Education (UE) Department, dated 20.02.2010. It is further clarified that the pay of Directly Recruited Professors shall be fixed at Rs.43,000/- in the pay band of Rs.37400-67000 with AGP of Rs. 10,000/-, if the recruitment was made as per rules in G.O.Ms.No.14, Higher Education (UE-II) Department, dated 20.02.2010. Accordingly, the pay of the petitioners were re-fixed in the cadre of Professors in pay band of Rs.37400-67000 (i.e., Rs.40890+AGP 10000) vide proceedings of Vice Chancellor dated 08.10.2010. Thereafter, the said clarification Memo dated 06.07.2010 was questioned in W.P.No. 18255 of 2010 by some of the Associate Professors and this Court has set aside the said Memo and declared that the petitioners therein are entitled for pay band of Rs.37400- 4 / 67000 with AGP Rs.9000. Subsequently, the Government vide G.O.Ms.No.38, Higher Education (UE) Department, dated 23.06.2016 implementing UGC Regulations, 2010 and superseded the existing Appendix to G.O.Ms.No.14, Higher Education (UE) Department, dated 20.02.2010 with revised Appendix. The said revised Appendix shall be effected from 30.06.2010. In view of issuance of G.O.Ms.No.38, Higher Education (UE) Department, dated 23.06.2016, the petitioners’ pay was to be taken as Rs.43000+10000 in the Pay Matrix Table in the Revised UGC Pay Scales 2016. The Executive Council also passed resolution dated 31.07.2017 fixing petitioners’pay as per G.O.Ms.No.38, Higher Education (UE) Department, dated 23.06.2016 and the petitioners are entitled for arrears with effect from their date of joining i.e. from 2006-2007. While so, on 11.07.2007, Registrar of the 1®‘ respondent-Univers ity addressed a letter to the 2"*^ respondent seeking clarification of petitioners’ pay as per G.O.Ms.No.38, Higher Education (UE) Department, dated 23.06.2016 or as per Government Memo dated 06.07.2010. On 17.01.2019, the A.P. Council of Higher Education also addressed a letter to the Principal Secretary to the Government stating that Directly Recruited Professors appointed after 01.01.2006 are entitled for stage not below 43000 in the pay band of Rs.37400-67000. On 21.02.2019, the Principal Secretary to Government addressed a letter to the 1®' respondent Registrar vide letter NO.6882/UE/A1/2010, dated 06.07.2010 is not valid, as the said instructions \ 5 were set aside by this Court in W.P.No.18255 of 2010. Accordingly, the petitioners filed representations on 11.07.2017, 13.02.2019, 07.06.2019, 27.07.2019, 16.08.2019, 02.12.2020, 06.02.2021 and 17.03.2021 to fix their pay not below than Rs.43000 in pay band of Rs.37400-67000 with GPA Rs.10000 and requesting pay arrears from the date of implementation of G.O.Ms.No.14, Higher Education (UE) Department, dated 20.02.2010 effect from 01.01.2006. But no action has been taken by the respondents the representation of the petitioners. Aggrieved by the same, the present writ petition has been filed. with on 3. This Court, vide order, dated 27.09.2022, has passed the interim order in I.A.No.1 of 2022 in W.P.No.31573 of 2022 as follows: This application is filed seeking a direction to the respondents to forthwith implement the orders of the Government in Letter NO.3380/U.E/A1/2017, NO.3380/U.E/A1/2017, dated 13.08.2019 for fixation of at Rs.43,0007- in pay band of Rs.37,400 - 67,000 with applicable AGP of Rs 10 0007- and to pay the arrears as per G.O.Ms.No.14. HE (UE) Department dated 20.02.2010 w.e.f 01.01.2006. Heard. dated 21.02.2019 and Letter in Learned counsel for the petitioners submits that though the State Government has given a clarification with regard to fixation of pay and arrears, the 1st respondent - University is not in a position to consider the cases of the petitioners. In similar circumstances, the other Universities in the State have considered and paid arrears relating to fixation of pay. Learned Standing Counsel for the respondent - University submits that a direction may be given to the petitioners to submit their representations afresh in this regard. In view of the above, liberty is given to the petitioners to submit their representations afresh to the 1^^ respondent — University with regard to their grievance, within fifteen days from today; on receipt of the said representations, the respondent - University is directed to pass appropriate orders, in the light of Letter No.33807U.E7A172017 dated 21.02.2019 and Letter No.33807U.E7A172017, dated 13.08.2019 of the Government, for fixation ofpay and arrears as per G.O Ms No 14 HE (UE) Department, dated 20.02.2010 w.e.f 01.01 2006 within thirtv days thereafter. ’’ 6 As the respondents have not complied with the order of this Court passed in l.A.No.1 of 2022 in W.P.No.31573 of 2022, the petitioners filed the present Contempt Case. 4. This Court, vide order, dated 01.12.2023, has passed the docket 5. order in C.C.No.4887 of 2023 as follows; "On an earlier occasion i.e., on 24.11.2023, the respondents counsel submitted that the respondent authorities have complied with the order of this Court and for getting instructions sought time and the matter was directed to be posted to 01.12.2023. Today, when the matter is taken up for hearing, learned counsel for the respondents has furnished a copy of Speaking Order vide No.EII(4)/DRP/Pay-Band-V/2023, dated 23.09.2023 stating that "finally concluded that as per the Executive Resolution dated 09.05.2023 and Clarification given by the Government on 6.6.2023 the pay of the Directly Recruited Professors appointed after 1.1.2006 are entitled and your pay will be fixed at a stage not below Rs.43,000/- in Pay band-V of Rs.37400-67000 with AGP 10000 after certification of the State Audit, S. V. University, Tirupati. Learned counsel for the respondents while furnishing the above . proceedings sought adjournment for complying the order of this Court. White observing the above proceedings, the proceedings are issued on 23.9.2023, but stiii, the respondents counsel seeking adjournment for payment of the amounts. This Court is inclined to grant two weeks time by way of indulgence. Accordingly, the respondents are directed to comply with the order of this Court within two (02) weeks from today. Failing which, the respondent authority concerned has to appear before this Court on the next date of hearing. For filing compliance report, post the matter on 15.12.2023. ” Counter affidavit filed by the respondent in the Contempt Case stating that, in compliance with the order of this Court in W.P.No.31573 of 2022, the University issued speaking order dated 23.09.2023. After verification by the State Audit vide letter S.A.Nos.189 &193, dated 02.12.2023 and 14.12.2023, the University issued proceedings No.E.II(4)/Pay Band-V/Pay Fixation/2023, dated 16.12.2023 and released all the annual regular 6. k..... \ 1 increments from their initial appointment. It is further stated that the respondent University has uploaded the respective arrear amounts through Comprehensive Financial Management System (CFMS), which is only the gateway for payment vide CFMS Bill I.D.No.2024-443968 for Rs.3,04,54,242/- and the individual arrears 09.04.2024. Therefore, prays to close the contempt were credited to their respective accounts on case. 7. Heard Mr.P.V.Ramana, learned counsel for the petitioners and Mr.Butta Vijaya Bhaskar, learned Standing Counsel for the 1 well as learned Assistant Government Pleader for Services-lll respondent. respondent as nd for the 2 8. On hearing, learned counsel for the petitioners while reiterating the contents urged in the writ petition, requests this Court to orders. pass appropriate 9. On the other hand, learned Standing Counsel while reiterating the contents made in the counter affidavit, submits that, the respondent-University has complied with the order of this Court dated 27.09.2022 passed in I.A.No.1 of 2022 in W.P.No.31573 of 2022 and the pay of the directly recruited professors appointed after 01.01.2006 are entitled for pay at a stage not below Rs.43,000/- in Pay Band-V of Rs.37400-67000 and Speaking Orders are issued to that extent vide letter No.E.II(4)/DRP/Pay-Band-V/2023 23.09.2023. He further submits that the 1 , dated respondent issued proceedings \ 8 / I vide No.E.II(4)/DRP/Pay-Band-V/2023, dated 16.12.2023 stating that “the resolution of the Executive Council, the Government letter and as certified by the Audit and in pursuance of the orders of the In-charge Vice-Chancellor, the pay is now re-fixed to all eligible teachers i.e., directly recruited professors @,Rs.43000+10000 AGP instead of Rs.40890+10000 AGP in the Pay Band-V of Rs.37400-67000+10000 AGP from the date of their joining.” Therefore, learned Standing Counsel prays to close the writ petition and contempt case. 10. Perused the record. 10. Perused the record. On a perusal of the material on record, this Court observed that. 11. when the respondents are not fixing the petitioners’ pay as Directly Recruited Professors as per Amended Appendix issued in G.O.Ms.No.38, Higher Education (UE) Department, dated 23.06.2016 at Rs.43,000/- in pay band of Rs.37400-67000 with AGP Rs. 10000, inspite of passing resolution by Executive Council dated 31.01.2017, inspite of the opinion expressed by the State Council of Higher Education in letter dated 17.01.2019, inspite of orders of the Government in letter No.3880 UE/A1/2017, dated 13.08.2019, the petitioners filed the present writ petition. Thereafter, this Court has granted interim order dated 27.09.2022. As the respondents have not complied with the order of this Court, the petitioners filed the present contempt case. After filing the contempt case, the respondents have complied with the order of this Court dated 27.09.2022 and issued speaking orders dated 16.12.2023 stating 9 that the directly recruited professors pay is fixed @Rs.43000+10000 AGP instead of Rs.40890+10000 AGP in the Pay Band-V of Rs.37400- 67000+10000 AGP from the date of their joining and released all the annual regular increments from their initial appointment and arrear amounts also uploaded through CFMS and the amounts were credited to the accounts of the petitioners on 09.04.2024. 12. Having regard to the facts and circumstances of the cases and on considering the submissions of both the learned counsels and upon perusing the entire material on record, this Court observed that, the respondents have complied with the order of this Court dated 27.09.2022 passed in I.A.No.1 of 2022 in W.P.No.31573 of 2022. The pay of the petitioners was fixed at Rs.43,000+10,000 AGP in the Pay Band-V of Rs.37,400-67,000+10,00 0 AGP from the date of their joining, and the arrears were also paid to the petitioners. Therefore, this Court is of the opinion that, the grievance of the petitioners has been redressed by the respondents and hence, nothing survives in the present writ petition and contempt case for any adjudication and the same are liable to be closed. 13. Accordingly, the Writ Petition and Contempt Case are closed. There shall be no order as to costs. 10 9^ 14. As a sequel, miscellaneous applications pending, if any, shall stand closed. Sd/- SHAIK MOHD. RAFI ASSISTANT registrar //TRUE COPY// To, SECTION OFFICER 1. One CC to Sri P V Ramana, Advocate [OPUC] Unitfr^ty°[Spucf ^enkateswara Two CCs to GP for Services - III, High Court of Andhra Pradesh. Two CD Copies 2. 3. [OUT] 4. RAM tf .. HIGH COURT DATED:28/02/2025 gs t i MAR 2025 Current Section ^spatcW^S- COMMON ORDER WP.No.31573 of 2022 & C.C.No.4887 of 2023 CLOSING BOTH THE WP.No.31573 of 2022 & CONTEMPT CASE No.4887 of 2023 WITHOUT COSTS