IN THE HIGH COURT OF ANDHRA PRADESH AM^ (Special Original Jurisdiction) ^ WEDNESDAY, THE THIRTIETH DAY OF APFfc TWO THOUSAND AND TWENTY FIVE PRESENT JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NH- ^849 OF 2019 A 9 HI the honourable dr Between: G. Sarojini Devi, W/o C.Devendran, Assistant Panagal, Srikalahasthi Srikalahasti, Chittoor District, A.P. aged about 44 years, working as Institute of Technology, Professor o/o Sri Kalahasteeswara Tirupathi R/o 12-581, Bahadurpet, Thettu ...PETITIONER AND Pradesh, Represented by its Principal Secretary, Secretariat, Velagapudi, Guntur District, A.P. of Technology (SKIT), Represented by its Chairman of Governing Body and Commissioner of Endowments 1. The State of Andhra Endowments Department 2. Sri Kalahasteeswara Institute Department, Ibrahimpatnam, Vijayawada. Institute of Technology (SKIT), Represented by its 3. Sri Kalahasteeswara Executive Officer cum Correspondent, Srikalahasteeswara Swamivari Devasthanams, Srikalahasti, Chittoor District, A.P. 4. The Principal, Sri Kalahasteeswara Institute of Technology (SKIT), Srikalahasti, Chittoor District, A.P. Technological University (JNTU), Ananthapur. rep. by 5. Jawaharlal Nehru its Registrar, Ananthapur. 6. Satyabhama University, rep. Gandhi Road, by its Registrar, Jeppiar Nagar, Rajiv ...RESPONDENTS of the Constitution of India praying that in affidavit filed therewith, the High Court may Petition under Article 226 the circumstances stated in the Writ of Mandamus calling for all the connected including the impugned proceedings Rc. No, SKIT-Recovery of amount/2018 dated 07.12.2018 and quash the same as illegal, unjust, arbitrary and violative of principles of natural justice and be pleased to issue a records excess improper, further declare that the petitioner is entitled to be continued as Assistant Professor (E and EE Branch) in the time scale attached to the pot with all consequential benefits including monetary, seniority and promotion. lA NO: 1 OF 2019 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 suspend the operation of the impugned proceedings Rc. No SKIT-Recovery of excess amount/2018 dated 07.12.2018 of the 3 respondent and direct the respondents 3 and 4 to continue to pay he pay scales attached to the post of Assistant Professor (E and EE Branch) pending disposal of the above writ petition. rd lA NO: 2 OF 2019 Between: Sri Kalahasteeswara Institute of Technology (SKIT), Represented by its Principal Sri P. Sudhakar Reddy, Srikalahasti, Chittoor District, Andhra Pradesh. ...PETITIONER/RESPONDENT No.4 in WP AND 1. G. Sarojini Devi, W/o C.Devendran, aged about 44 years, working as Assistant Professor o/o Sri Kalahasteeswara Institute of Technology, Panagal, Srikalahasthi, Tirupathi R/o 12-581, Bahadurpet, Thettu, Srikalahasti, Chittoor District, A.P. ...RESPONDENT/WRIT PETITIONER 2. The State of Andhra Pradesh, Represented by its Principal Secretary, Endowments Department, Secretariat, Velagapudi, Guntur District, A.P. L of Technology (SKIT), Represented by its Chairman of Governing Body and Commissioner of Endowments 3. Sri Kalahasteeswara Institute Department, Ibrahimpatnam, Vijayawada, of Technology (SKIT), Represented by its 4. Sri Kalahasteeswara Institute Correspondent, Srikalahasteeswara Swamivari Executive Officer cum Devasthanams, 5. Jawaharlal Nehru its Registrar, Ananthapur. 6. Satyabhama University, rep. by its Registrar, Jeppiar Nagar, Rajiv Srikalahasti, Chittoor District, A.P. Technological University (JNTU), Ananthapur, rep. by Gandhi Road ...RESPONDENTS/ RESPONDENTS Petition under Section 151 CPC praying that in the circumstances of the petition, the High Court may be I.A.No.1 of 2018 in stated in the affidavit filed in support vacate the interim order passed in pleased to WP.No.3849 of 2019 dt.22.03:2019 pending disposal of the above Writ petition, counsel for the Petitioner: SRI K. SATYANARAYANA MURTHY counsel for the Respondent Nos.1, 2 & 4: GP FOR ENDOWMENTS Counsel for the Respondent No.3: SRI G. RAMANA RAO, SC FOR endowments counsel for the Respondent No.5: SRI V. VENU GOPAL, SC FOR JNTUA Counsel for the Respondent No.6:— The Court made the following: ORDER 0 APHC010087292019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE THIRTIETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 3849/2019 [3396] ► Between: 1.G SAROJINI DEVI, W/0 C.DEVENDRAN AGED ABOUT 44 YEARS, WORKING AS ASSISTANT PROFESSOR 0/0 SRI KALAHASTEESWARA INSTITUTE OF TECHNOLOGY, PANAGAL, SRIKALAHASTHI, TIRUPATHI R/0 12-581, BAHADURPET, THETTU, SRIKALAHASTI, CHITTOOR DISTRICT, A.P. ...PETITIONER AND , REPRESENTED BY ITS PRINCIPAL ENDOWMENTS DEPARTMENT, SECRETARIAT, 1.THE STATE OF AP, SECRETARY, VELAGAPUDI, GUNTUR DISTRICT, A.P. 2. SRI KALAHASTEESWARA INSTITUTE OF TECHNOLOGY SKIT, REPRESENTED BY ITS CHAIRMAN OF GPVERNING BODY AND COMMISSIONER OF IBRAHIMPATNAM, VIJAYAWADA. 3 SRI KALAHASTEESWARA INSTITUTE OF TECHNOLOGY SKIT, BY ITS EXECUTIVE OFFICER CUM SRIKALAHASTEESWARA SWAMIVARI DEPARTMENT, ENDOWMENTS REPRESENMD CORRESPONDENT, DEVASTHANAMS, SRIKALAHASTI, CHITTOOR DISTRICT, A.P. 4.THE PRINCIPAL, SRI KAJAHASTEESWARA INSTITUTE TECHNOLOGY (SKIT), SRIKALAHASTI, CHITTOOR DISTRICT, A.P.OF 5.JAWAHARLAL NEHRU TECHNOLOGICAL UNIVERSITY JNTU, ANANTHAPUR, REP. BY ITS REGISTRAR, ANANTHAPUR. 6.SATYABHAMA UNIVERSITY, REP. BY ITS REGISTRAR, JEPPIAR NAGAR, RAJIV GANDHI ROAD, ...RESPONDENT(S): Counsel for the Petitioner: 1. K SATYANARAYANA MURTHY Counsel for the Respondent(S): 1.G RAMANA RAO (SC FOR ENDOWMENTS RAYALASEEMAREGION) 2.GP FOR ENDOWMENTS (AP) I 2 The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for; writ of Certiorari calling for all the connected records including the impugned proceedings Rc.No.SKIT-Recovery of excess amount/2018 dated 07.12.2018 and quash the same as illegal, improper, unjust, arbitrary and violative of principles of natural justice and further declare that the petitioner is entitled to be continued as Assistant Professor (E and EE Branch) in the time scale attached to the pot with all consequential benefits Including monetary, seniority and promotion.” Heard Sri K.Satyanarayana Murthy, learned counsel for the Petitioner and Sri V. Venu Gopal, learned Standing Counsel for the University. Learned counsel for the Petitioner would submit that, no notice was issued to the Petitioner before ordering recovery and reducing the basic pay of the Petitioner, which is the violation of principles of natural justice. Learned counsel would further submit that Respondent No.6 is a Deemed University. It is submitted that the degree obtained by the Petitioner from Respondent No.6- Univeristy is recognized under law. 4. Learned Standing Counsel for the University fairly conceded that the amount was deducted from the salary of the Petitioner without issuing any notice to her. Learned counsel would further submit that the Court may pass .... a a 2. 3. appropriate orders. 5. In the present matter. Respondent No.3 issued the impugned Proceedings dated 07.12.2018 ordering recovery of amount and to reduce the basic pay of the Petitioner as recommended by District Auditory for the f 3 has not obtained study leave while pursuing No.6-University, that the degree obtained from the letter issued by reasons that the Petitioner M.Tech., from Respondent Respondent No.6-University is Respondent No.5 and since M.Tech., degree is not valid. not valid as per that the District Auditor recommended for recovery informed vide Letter M.Tech from Respondent No.6 is not the fact that the Petitioner herein secured Respondent No.6-University in the years 2010 order of the Petitioner would show that, on the 6. Admittedly, Respondent-JNTU, Anantapuramu dated 19.11.2018 that the weekend valid. There is no dispute about M.Tech., weekend degree from and 2011. The appointment the resolution of the recommendation of the selection committee, as per Assistant Professor. The Assistant general body, he was appointed as Professors with B.Tech Degree has respective branch from a from their date of joining, else, they to obtain M.Tech., / M.E degree in their recognized University within a period of five years will forfeit their increments and promotions. Petitioner obtained M.Tech., from Respondent secured increments from time to time. Several years In the present case, the No.6 - University and thereafter, suddenly the by Respondent No.3 directing Respondent amount of Rs.4,50,184/- date of the said proceedings. It is also not in dispute that, no prior notice 7. impugned proceedings dated 07.12.2018 were issued No.4 to take action for recovery of from the Petitioner within two months from excess the 4 has been issued by giving an opportunity to the Petitioner to give her version much less personal hearing. 8. It is brought to the notice of the Court that, the issue was placed before the Standing Committee for Academic Senate held on 09.10.2019 at JNTU Ananthapuramu in the presence of Vice Chancellor. The Registrar, JNTUA, addressed a letter to the Registrar of Respondent No.6 - University, which is extracted hereunder: Prof. M. Vijaya Kumar M. Tech, Ph. D. Registrar i/c Date:31-10-2019 To The Registrar, Sathyabama Institute of Science and Technology (Deemed to be University) Jeppiar Nagar, CHENNAI 600 119. Respected Sir, Sub: Sathyabama University, Chennai Recognizing the Part- Time M.Tech. Programs of Sathyabama University, Chennai as equivalent to Regular M.Tech. Programs- Reg. 1. Letter written by the then Registrar, Sathyabama University, Chennai to The Registrar, JNTUA dated 24.09.2019. Ref: 2. Minutes of the Standing Committee for Academic Senate of JNTUA held on 9.10.2019. **** It is to inform you that vide reference (1) cited, you have requested JNTUA to consider the Part-Time M.Tech. Programs offered by Sathyabama University, Chennai as equivalent to the Regular M.Tech. Programs and Sathyabama University is not offering and has not offered earlier any weekend mode M.TECH/M.Tech. Programs. Your letter along with all the documentary evidences such as approval by AlCTE and UGC Guidelines have been submitted for perusal and approval of the Standing Committee for Academic Senate of JNTUA. The Committee has considered this item and the following resolution was made. 5 programmes Accordingly, the Part-Time faculty of SKIT, Srikalahasthi are . M.Tech Programmes pursued by considered as the following equivalent to M.Tech. (Regular) programmes. 1 Smt.G.Sarojini Devi, Assistant Professor in EEE 2 Mr S.Narasimha Rao, Assistant Professor in EEE 3 Smt.M. Vijaya Laxmi. Assistant Professor in ECF 4. Smt. P. Uma Maheswari. Assistant Professor in ECE 5 Dr P Ravi Kiran. Assistant Professor in CSE 6. Sri A.Lakshmi Narayana, Assistant Professor in CSE obtained by the Petitioner from Respondent Considering the degree 9. promoted as Associate valid, the Petitioner was in Roc.No.3/teach Estt/2006 dated 30.05.2006. No.6 - University as Professor vide Proceedings in is placed before the Academic Committee and addressed by JNTUA However, thereafter, the matter is decision and thereafter, a letter was obtained positive orders. It is also not in they have taken a Respondent No.6-University and dispute that, no prior notice has been issued by giving to opportunity to the Petitioner to submit her version much less personal hearing. Respondent degree obtained by the Petitioner. It is is not functioning since 2021. Petitioner is not an No.4 made office orders receiving the represented that the college is working in the College as the same is defunct. Viewed from any angle, the impugned proceedings are not sustainable in violation of Principles of Natural Justice, disposed of setting aside the impugned amount/2018 dated 10. since, they were issued in In the result, the Writ Petition is in Rc.No. SKIT- Recovery of excess 11. proceedings I 6 However, Respondent No.3- College is at liberty to take appropriate steps, if so advised, by following due process of law. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand 07.12.2018. closed. Sd/- G HELA NAIDU ASSISTANT REGISTRAR SECTION OFFICER //TRUE COPY// To The Principal Secretary, Endowments Department, State of Andhra Pradesh, Secretariat, Velagapudi, Guntur District, A.P. T: Chairman of Governing Body and Commissioner of Endowments Department, Sri Kalahasteeswara Institute of Technology (SKIT), Ibrahimpatnam, Vijayawada. 3 The Executi\/e Officer cum Correspondent, Sri Kalahasteeswara ' Insfifute of Technology (SKIT), Srikalahasteeswara Swamivari Devasthanarh^i Srikalahasti, Chittoor District, A.P. 4. The Principal, Sri KaJahasteeswara Institute of Technology (SKIT), Srikalahasti, Chittoor District, A.P. Jawaharlal Nehm Technological University (JNTU), 1. 2. The 5. The Registrar Ananthapur, Ananthapur. ^u- Registrar, Satyabhama University, Jeppiar Nagar, Rajiv Gandhi 6. The Road, 7. One CC to Sri K. Satyanarayaha Murthy, Advocate [OPUC] 8. One CC to Sri G. Ramana Rad, SC for Endowments[OPUC] 9. One CC to Sri A. Srikanth Reddy, Advocate[OPUC] 10. One CC to Sri V. Venu Gopal, SC for JNTUA[OPUC] 11. Two CCs to GP for Endowments, High Court of Andhra Pradesh. [OUT] 12. Three CD Copies. Ssb (gsg) I # 1 HIGH COURT i ! DATED:30/04/2025 I ORDER WP.No.3849 of 2019 DISPOSING OF THE W.P. WITHOUT COSTS