Extracted from the PDF above. The PDF is authoritative.
APHC010031902012
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY, THE THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N
WRIT PETITION NO: 19862/2012 Between: K.b. Chidananda ...PETITIONER AND Sri Krishnadevaraya University and Others ...RESPONDENT(S) Counsel for the Petitioner:
1. AKA VENKATARAMANA Counsel for the Respondent(S):
1. . 2. M PANDURANGA RAO
The Court made the following Order:
The petitioner is aggrieved by the non-implementation of the proceedings dated 20.04.2009 issued by the 1st respondent. The petitioner seeks the consequential relief of the benefits with respect to refixation of his pay in terms of the proceedings dated
20.04.2009. 2. The petitioner joined the 1st respondent university as a Junior Library Assistant in the year 1983. The petitioner was promoted to Library Assistant Grade-I on 13.09.1993. The post of Library Assistant Grade-I was redesignated as Assistant Librarian in the
2 UGC scales of pay, ranging from Rs.8,000/- to 13,500/- and the proceedings dated 20.04.2009 were issued. 3. The learned counsel for the petitioner, appearing virtually online, submits that two others similarly placed library Grade-I assistants whose designation was also redesignated and they were extended the UGC scales. However, insofar as the petitioner’s case is concerned, the respondents have maintained a stoic silence. It is submitted that the petitioner attained the age of superannuation during the pendency of the writ petition. 4. The learned counsel for the petitioner submits that the respondents, in their counter-affidavit, have referred to G.O.Ms.No.126 dated 20.08.2010, whereby the Government has not permitted the redesignation of non-teaching staff as Assistant Professors. It is submitted that the said G.O. would not be applicable to the petitioner, as the petitioner is not asking for redesignation as an Assistant Professor. 5. That apart, it is also submitted that the case of the petitioner was referred to the Audit Department, which has regularly stated
3 that the state has to give concurrence for the grant of UGC scales and also for redesignation of the post. It is also stated in the counter-affidavit that the university is contemplating forwarding the case of the petitioner to the State Government for compliance and that the said process would take some time. The said counter- affidavit was filed on 12.09.2012 and no further affidavit has been filed on behalf of the 1st respondent. 6.
Considering the submissions of the learned counsel for the petitioner and after going through the record, it is evident that the G.O.Ms.No.126 cannot be made applicable to the facts of this case and the redesignation of the petitioner’s post as Assistant Librarian cannot be equated with the redesignation of non-teaching staff as Assistant Professor. 7. In such circumstances, the respondents ought to have implemented the proceedings dated 20.04.2009. The respondents are hereby directed to implement the proceedings dated 20.04.2009 and extend the monetary benefits due payable to the petitioner. The respondents shall pass necessary orders releasing the difference of pay and other monetary benefits to the petitioner
4 within a period of six (06) weeks from the date of the receipt of this
order.
8. Accordingly, the writ petition is allowed. There shall be no
order as to costs. Pending miscellaneous petitions, if any, shall stand closed.
____________________ JUSTICE HARINATH.N Date: 03.02.2025 NKA
5 5 HONOURABLE SRI JUSTICE HARINATH.N
WRIT PETITION No.19862 of 2012 Date: 03.02.2025
NKA