IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY FOURTH DAY OF FEBRUARY;^ TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 274fifi DF 2012 O I Li -V] o Between: 1. K.Srinivasa Narayana, S/o.Balagopal, Aged about College (A), 11 ,Subashnagar,Rajahmundry,E.G.District. 2. P.Vijaya Lakshmi, W/o. K.Srinivasa Narayana, Aged about Asst.Profesor, Govt College (A), Rajahmundry, E.G.Disrict. 3. P.Ramesh Babu, S/o. Seetharamulu, Profesor, Govt College (A), Rajahmundry, E.G.Disrict. 4. Kum.K.Anurupa Rao, D/o. Benson Rao, Aged about Profesor, Govt College (A), Rajahmundry, E.G.Disrict. 45 years. Associate H.No.23-15- Professor, Govt. Rajahmundry, 41 years Aged about 49 years. Asst. 31 years. Asst. ...PETITIONERS AND rep. by the Commissioner of Collegiate 1. The State of Andhra Pradesh Education, Nampally, Hyderabad. 2. Government College (Autonomous) Rajahmundry, Department of Management Studies, rep. by its Principal, Rajahmundry-533105, District. 3. All India Council of Technical Education (AlCTE), Govt, of India, New Delhi, rep .by its Director, Southern Region, Masab Tank, Hyderabad. 4. Andhra University, rep. by its Registrar, Visakhapatnam. E.G. ...RESPONDENTS praying that in Petition under Article 226 of the Constitution of India the circumstances stated in the affidavit filed therewith, the High Court r be pleased to issue a Writ or direction particularly in the nature of Writ of may Mandamus declaring that the action of withholding the payment of salaries of the Petitioners by the 2"^ Respondent is illegal, arbitrary, contrary to law and violation of the principles of natural justice and in the interest of justice the Honourable Court may direct the 1®* and 2^^ Respondents to release the salaries of the Petitioners. I.A. NO: 1 OF 2012rWPMP. NO: 34966 OF 2012) 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 direct the 1®* and 2^^ respondents to pay the arrears of salaries to the petitioners from August 2009. I.A. NO: 1 OF 2015(WVMP. NO: 2937 OF 2015^ Between: 1. The State of Andhra Pradesh, rep. by the Commissioner of Collegiate Education, Nampally, Hyderabad. 2. Government College (Autonomous) Rajahmundry, Department of Management Studies, rep. by its Principal, Rajahmundry-533105, E.G. ^ District. 3. All India Council of Technical Education (AlCTE), Govt, of India, New Delhi, rep .by its Director, Southern Region, Masab Tank, Hyderabad. ...PETITIONERS AND 1. K.Srinivasa Narayana, S/o.Balagopal. Aged about 45 years, Associate Professor, Govt. College (A), 11,Subashnagar,Rajahmundry, E.G.District. 2. P.Vijaya Lakshmi, W/o. K.Srinivasa Narayana, Aged about 41 Asst.Profesor, Govt College (A); Rajahmundry, E.G.Disrict. 3. P.Ramesh Babu, S/o. Seetharamulu, Aged about 49 Profesor, Govt College (A), Rajahmundry, E.G.Disrict. Rajahmundry, H.No.23-15- years. years. Asst. 4. Kum.K.Anurupa Rao, D/o. Benson Rao, Aged about 31 years, Asst Profesor, Govt College (A), Rajahmundry, E.G.Disnct. 5. Andhra University, rep. by its Registrar, Visakhapatnam. (Respondent No.5 is not necessary party in this petition) ...RESPONDENTS 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 vacate the interim orders dt; 20.02.2014 in WPMP No. 34966 of 2012 in WP No. 27465 of 2012. Counsel for the Petitioners: SRI K. SANKARANARAYANA Counsel for the Respondent Nos.1 to 3: GP FOR HIGHER EDUCATION Counsel for the Respondent No.4: SRI V. SAI KUMAR (SC FOR ANDHRA UNIVERSITY) The Court made the following: ORDER APHC010664342012 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] % MONDAY ,THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 27465/2012 Between: K.srinivasa Narayana and Others AND The State Of Andhra Pradesh and Others Counsel for the Petitioner(S): 1.K SANKARANARAYANA Counsel for the Respondent(S): 1.KJYOTHI PRASAD(SC FOR ANDHRA UNIV.) 2.GP FOR HIGHER EDUCATION 3.RAMAKANTH REDDY(SC FOR CIEFL) 4.VSAI KUMAR 5.GP FOR HIGHER EDUCATION (AP) The Court made the following: ORDER: ...PETITIONER(S) ...RESPONDENT(S) Heard the learned counsel for the petitioners and learned Government Pleader for Higher Education. 2. The petitioner No.1 was appointed as an Associate Professor, and petitioner Nos.2 to 4 were appointed as Assistant Professors, as per the proceedings dated 14.06.2008 and 2 03.06.2008 issued by respondent No.2 College. The petitioners had been with respondent No.2-College since August, 2008. The respondents intended to terminate the services of the petitioners and issued proceedings dated 30.03.2010, informing the petitioners and others that their services were no longer necessary. The resolutions dated 30.03.2010 were passed by the Monitoring Committee. The petitioners filed W.P.No.9441 of 2010, challenging the said proceedings. This Court granted interim protection and disposed of the said writ petition, taking into consideration the respondents’ submission that the petitioners had continued as Associate and Assistant Professors. As a result, the writ petition was disposed of, setting aside the impugned proceedings dated 30.03.2010, by order dated 12.11.2010. The learned counsel appearing for the writ petitioners submits that the respondents unilaterally passed resolutions reducing the petitioners’ pay on seminar basis. The petitioners’ salaries were unilaterally re-fixed on semester basis in the proceedings dated 07.09.2009. The respondents, relying on these resolutions, have denied the payment of wages to the petitioners contrary to the remuneration fixed at the time of their 3. appointment. 3 t 4. The learned Government Pleader for Higher Education submits that Respondent No. 2-College closed the MCA and MBA divisions due to the lack of fresh admissions, and by 18.10.2010, the MCA and MBA courses were no longer offered by Respondent No.2. As such, the services of the petitioners were no longer required. The learned Government Pleader further submits that the petitioners were no longer in the services of Respondent No.2 from 18.10.2010 onwards. The proceedings dated 07.09.2009, where the Monitoring Committee of Respondent No.2, under the chairmanship of the Principal of Respondent No. 2, passed resolutions, re-fixed the remuneration of the teaching faculty at Rs. 15,000/- for seminars on theory papers, and Rs.20,000/- for theory and practical papers, including seminars. The learned counsel for the writ petitioners submits that the unilateral resolution denying the petitioners their wages, as initially indicated, is an arbitrary act by Respondent No.2. 5. Considering the submissions of the learned counsel for the petitioners and the learned Government Pleader for Higher \ Education, it appears that the respondents resorted to re-fixing \ the remuneration payable to' the petitioners in an unilateral manner by passing the resolution dated 07.09.2009. This resolution was passed without issuing any notice or calling for objections from the petitioners. Consequently, the petitioners were denied their rightful remuneration as fixed at the time of their engagement. Considering the nature of the petitioners’ engagement and the fact that the petitioners were no longer in service from 18.10.2010, this Court is inclined to direct the respondents to release the balance remuneration due to the petitioners from September, 2009 to October, 2010. The petitioners shall submit a representation to the respondents, calculating the amounts they have received and claiming the balance of remuneration in terms of their initial engagement. The respondents shall consider the representation and pass necessary orders, releasing any payments due to the petitioners within six weeks from the date of receipt of this order. Accordingly, this writ petition is disposed of. No order as to 6. costs. Interlocutory Applications, if any, stand closed in terms of 7. this order. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, Commissioner of Collegiate Education, State of Andhra Pradesh, Vijayawada. 2. The Principal, Department of Management Studies, Government College (Autonomous) Rajahmundry, Rajahmundry-533105, E.G. District. 1. The f f 3. The Director, Southern Region, Masab Tank, Hyderabad, All India Council of Technical Education (AlCTE), Govt, of India, New Delhi. The Registrar, Andhra University, Visakhapatnam. One CC to Sri K. Sankaranarayana, Advocate [OPUC] One CC to Sri V. Sai Kumar, SC for Andhra University[OPUC] Two CCs to GP for Higher Education, High Court of Andhra Pradesh. [OUT] Three CD Copies. 4. 5. 6. 7. 8. ssb w % HIGH COURT e DATED:24/02/2025 ORDER and»^ WP.No.27465of2012 I 01 APR 2025 Current beciion . ^ cr Oil] DISPOSING OF THE W.P. WITHOUT COSTS