IN THE HIGH COURT OF ANDHRA PRADESH::AMARAVAT (Special Original Jurisdiction) THURSDAY, THE TWENTIETH DAY OF MARCh|5 TWO THOUSAND AND TWENTY FIVE O PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 42887 OF 2018 Between: Dr. P. Jagadamba, W/o Prof. S. Narayana Reddy Aged 52 years, Occ. Asst. Professor (Senior Scale) Srikalahasteeswara Institute of Technology, R/o No. 6-1-2N1(Opp.R and B Guest House) RandB Office Road, Tirupati 517 507 ...PETITIONER AND 1. The Principal, Srikalahasteshwara Institure of Technology (SKIT) Srikalahasti, Chittoor District, Andhra Pradesh 2. Srikalahasteeswara Institute of Technology (SKIT), Under the management of Srikalahesteeswara Swamivari Devasthanam, Srikalahasti, Chittoor District, Andhra Pradesh,rep by executive Officer- cum-Correspondent (SKIT) 3. The Commissioner of Endowments, State of Andhra Pradesh andSKIT Governing body Chairman,Gollapudi, Vijayawada 521 225, Andhra Pradesh 4. The Registrar, Jawaharlal Nehru technological Unversity Ananthapur, Andhra Pradesh 5. The State of Andhra Pradesh, Rep by its PrI. Secretary (Endowments) Department, A.P Secretariat Velgapudi Guntur District Revenue Amavarathi ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ of certiorari calling for all the connected records including the impugned proceedings Recovery of Excess amount /2018 dt 14-11-2018 Rc.NO. SKIT- and quash the same natural justice. as Illegal, improper, unjust, arbitrary and violative of plinciples of lA NO: 1 OF 201 fi Petition under Section 151 CPC is fiied praying that in the circumstances stated in the affidavit fiied in support of the petition, the High Court may be pieased to suspend the proceedings Rc.No.SKiT-Recovery of excess amount/2018 dt 14-11-2018 of the respondent No.3 and pay the salary with the pay scale of Rs. 10000-325-15200 the amounts deducted continue to by remitting back on 15-11-2018 as on the day pending disposal of the main case. Counsel for the Petitioner: SRI K RAMAMOHAN-07432/AP/683/1995 Counsel for the Respondents: G RAMANA RAO (SC FOR RAYALASEEMAREGION) Counsel for the Respondents: SRI T VENU ENDOWMENTS RAYALASEEMAREGION) Counsel for the Respondents: GP FOR ENDOWMENTS Counsel for the Respondents: SRI PENJURI VENUGOPAL JNTU) The Court made the following: ENDOWMENTS GOPAL (SC FOR (SC FOR APHC010881212018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTIETH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 42887/2018 [3396] 0^^ Between: 1.DR. P. JAGADAMBA, W/0 PROF. S. NARAYANA REDDY AGED 52 YEARS, OCC. ASST. PROFESSOR (SENIOR SCALE) SRIKALAHASTEESWARAINSTITUTE OF TECHNOLOGY,RIO NO. 6- 1-2N1(OPP.R AND B GUEST HOUSE) RANDB OFFICE ROAD. TIRUPATI 517 507 ...PETITIONER AND 1.THE PRINCIPAL, SRIKALAHASTESHWARA INSTITURE OF TECHNOLOGY (SKIT) SRIKALAHASTI, CHITTOOR DISTRICT,ANDHRA PRADESH 2. SRIKALAHASTEESWARA INSTITUTE OF TECHNOLOGY SKIT. UNDER THE MANAGEMENT OF SRIKALAHESTEESWARA SWAMIVARI DEVASTHANAM, SRIKALAHASTI, CHITTOOR DISTRICT, ANDHRA PRADESH,REP BY EXECUTIVE OFFICER- CUM-CORRESPONDENT (SKIT) 3.THE COMMISSIONER OF ENDOWMENTS, STATE OF ANDHRA PRADESH ANDSKIT GOVERNING BODY CHAIRMAN,GOLLAPUDI. VIJAYAWADA 521 225, ANDHRA PRADESH 4. THE REGISTRAR, JAWAHARLAL NEHRU TECHNOLOGICAL UNVERSITY ANANTHAPUR,ANDHRA PRADESH 5.THE STATE OF ANDHRA PRADESH, REP BY ITS PRL. SECRETARY REVENUE (ENDOWMENTS) DEPARTMENT, A.P SECRETARIAT VELGAPUDI, AMAVARATHI GUNTUR DISTRICT ...RESPONDENT(S): Counsel for the Respondent(S); 1,G RAMANA RAO (SC FOR ENDOWMENTS RAYALASEEMAREGION) 2.T VENU GOPAL SC FOR ENDOWMENTS (RAYALASEEMA REGION) 3.GP FOR ENDOWMENTS (AP) 4.PENJURI VENUGOPAL (SC FOR JNTUA) 2 The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for; a writ of Certiorari calling for all the connected records including the impugned proceedings RC. No. SKIT - Recovery of excess amount/2018 dated 14.11.2018 and quash the same as illegal, improper, unjust, arbitrary and violate of Principles of Natural Justice. ” Heard Sri K.G.Krishna Murthy, learned senior counsel assisted by Sri K.Rama Mohan, learned counsel for the Petitioner and Sri V.Venu Gopal, learned Senior Counsel representing Sri T.Venu Gopal, learned Standing Counsel for Sri Kalahasteeswara Institute Of Technology. Learned counsel for the Petitioner would submit that, the Petitioner was appointed as Assistant Professor (Senior Scale) in the Department of ECE by Respondent No.2 vide proceedings No.3/Tech Esst/2006, dated 30.05.2006 and has been working from 30.05.2006. It is further submitted that, the Petitioner was reverted to Assistant Professor from Assistant Professor Senior Scale from 01.10.2018 on the ground that there was no provision in direct faculty recruitment and a direction was also issued to recover an amount of Rs. 13,00,919/- from the Petitioner, without even giving her a show-cause notice, and the same is nothing but the violation of principles of natural justice. Learned Standing Counsel for the University fairly conceded that the Petitioner was reverted to Assistant Professor from Assistant Professor Senior 2. 3. 4. % Scale without issuing any notice to her. Learned counsel would further submit that the Court may pass appropriate orders. 5. In the present matter, Respondent No.2 issued the impugned Proceedings dated 14.11.2018 ordering reversion of the Petitioner from the cadre of Assistant Professor with Senior Scale, Department of Electronics and Communication Engineering to the cadre of Assistant Professor as there is no provision for appointment of Assistant Professor with Senior Scale in direct faculty recruitment as per AlCTE norms. Further, the pay and allowances paid to the Petitioner in the cadre of Asst.Professor with Senior Scale for a total amount of Rs. 13,00,919/- was also ordered to be recovered from her within three months from the date of receipt of the said proceedings. 6. For ready reference, the impugned proceedings dated 14.11.2018 are extracted hereunder: SRIKALAHASTEESWARA INSTITUTE OF TECHNOLOGY (SKIT) (Under the Management of Srikalahasteeswara Swamivari Devasthanam) Panagal, Snkalahasti-517 640, Chittoor District. A.P. Proc. Rc.No. SKIT-Recovery of excess amount/2018 Date: 14-11-2018 PROCEEDINGS OF THE EXECUTIVE OFFICER CUM CORRESPONDENT OF SKIT Sub: Srikalahasteeswara Institute of Technology (SKIT) Teaching Establishment Reversion of Dr. P. Jagadamba, from the cadre of Assistant Professor (Sr.) in Electronics and Communication Engineering Department to Assistant Professor in ECE w.e.f. 01-10- 2018 as there is no provision for appointing for the post of Assistant Professor with the Senior Scale in direct faculty recruitment as per AlCTE Recovery of excess Pay and Allowances paid to her in the cadre of Assistant Professor with Senior Scale Orders Issued - Reg. Read: 1. Progs in Rc. No. 3/ Teach, Estt. /2006, Dated 30-5-2006 of the Executive Officer cum Correspondent of SKIT in favour of Smt. P. Jagadamba, Department of ECE 2. Note approval orders of the then Executive Officer dated 8-12- 2017. 4 ORDER:- In this Office proceedings cited reference-1, Smt. P. Jagadamba was appointed as Assistant Professor with Senior Scaie in the Department of Eiectronics and Communication Engineering of SKiT. She reported for duty as Assistant Professor with Senior Scaie, Department ECE of SKiT on 30- 5-2006. nd cited above, the appointment retated to With reference to the 2 Smt.P. Jagadamba was referred to the District Auditor. State Audit. Chittoor for their remarks. After carefui examination, the District Auditor. State Audit. Chittoor has stated that as per AiCTE norms there is provision for appointing for the post of Assistant Professor with the Senior Scaie in direct facutty recruitment. The Pay fixations of Smt. P. Jagadamba has to be revised with the Basic Pay of Rc 8000-00 in the scaie of pay of Rs. 8000- 275-13500 (UGC 1996 Pay Scaies) instead of Basic Fay of Rs. 10,000-00 in the Scaie of Pay of Rs. 10000-325-15200 w.e.f.30-5-2006. The excess psic and Aiiowances paid in the cadre of Assistant Professor with Senior Scaie for the period from 10-05-2006 to 30-9-2018 for a totai amount of Rs.13,00,919-00 (Rupees Thirteen Lakh Nine hundred and Nineteen oniy) has to be recovered from Smt. P. Jagadamba. After consideration of the recommendations of the District Auditor, State Audit, Chittoor, de reference 3rd cited, Smt. P. Jagadamba is reverted from the cadre of Assistant Professor with Senior Scaie, Department of Eiectronics and Communication Engineering to the cadre of Assistant Professor with retrospective effect i.e., w.e.f 01-10-2018 as there is no provision for appointment of Assistant Professor with Senior Scaie in direct facuity recruitment as per AiCTE norms. Hence, te appointment of Smt. P. Jagadamba as Assistant Professor with Senior Scaie in ECE of SKiT is bund to be wrong. With reference to the 4th Cited, the Pay and Aiiowances paid to Smt. P. Jagadamba the cadre of Assistant Professor with Senior Scaie for a totai of Rs.13,00,919-00 (Rupees Thirteen Lakh Nine Hundred and Nineteen oniy) has to be recovered from Smt. P. Jagadamba which she is not entitied for the same. The Principai, SKiT has to take action for recovery of the above said excess amount from St P. Jagadamba within three months (03) period from date of the receipt of the proceedings. To 1. Smt. P. Jagadamba, Department of ECE 2. The HCD-ECE for information. 3. The Estabiishment Section. 4. Copy to fiie. Admittedly, the Petitioner was appointed as Assistant Professor (Sr) in Respondent No.2-College and working as such from 30.05.2006 and 7. 5 Respondent No.2 had also issued appointment orders appointing the Petitioner as such, w.e.f 30.05.2006 and accordingly, she has been discharging her duties. The Selection Committee recommended the Petitioner for the post of Assistant Professor with Senior Scale and the same was also approved and ratified by the Governing Body. The Petitioner was appointed as Assistant Professor in Respondent No. 1-College as per the norms of AlCTE Respondent No.1 vide proceedings in Rc.No.SKIT/Estt/Appointment of 8. Head of the Department/2013 dated 24.06.2013 appointed the Petitioner as Head of the Department of ECE w.e.f., 01.07.2013 by clearing showing the designation of the Petitioner as Assistant Professory (Sr.). The impugned proceedings have been issued without even issuing any prior notice by giving an opportunity to the Petitioner to submit her version much less personal It is represented that Respondent No.2- College is not functioning hearing. Viewed from any angle, the impugned proceedings are not since 2021. sustainable since, they were issued in violation of Principles of Natural Justice. In the result, the Writ Petition is disposed of setting aside the impugned 9. proceedings in RC. No. SKIT - Recovery of excess amount/2018 dated However, Respondent No.2- College is at liberty to take appropriate steps, if so advised, by following due process of law. There shall 14.11.2018. be no order as to costs. 6 As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. Sd/- K KASIRAO ACHARI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The PrI. Secretary Revenue (Endowments) Department, State of Andhra Pradesh, A.P Secretariat Velgapudi, Amavarathi Guntur District. [By Special Messenger] 2. The Principal, Srikalahasteshwara Institure of Technology (SKIT) Srikalahasti, Chittoor District,Andhra Pradesh 3. Srikalahasteeswara Institute of Technology (SKIT) management of Srikalahesteeswara Swamivari Devasthanam, Srikalahasti, Chittoor District, Andhra Pradesh,rep by executive Officer- cum-Correspondent (SKIT) 4. The Commissioner of Endowments, State of Andhra Pradesh andSKIT Governing body Chairman,Goilapudi, Vijayawada 521 225, Andhra Pradesh 5. The Registrar, Jawaharlal Nehru technological Unversity Ananthapur,Andhra Pradesh. [2 to 5 by RPAD] 6. One CC to SRI. K RAMAIV1QHAN-07432/AP/683/1995 Advocate [OPUC] 7. One CC to SRI. G RAMANA RAO (SC FOR ENDOWMENTS RAYALASEEMAREGION) Advocate [OPUC] 8. One CC to SRI T VENU GOPAL (SC FOR ENDOWMENTS RAYALASEEMAREGION) [OPUC] 9. One CC to SRI PENJUR! VENUGOPAL (SC FOR JNTU) [OPUC] 10. Two CC's to GP for Endowments, High Court of A.P. [OUT] 11. Three CD Copies Under the ’V HIGH COURT DATED:20/03/2025 ORDER WP.No.42887of2018 THE WRIT PETITION IS DISPOSED OF WITHOUT COSTS