[3396 ] IN THE HIGH COURT OF ANDHRA PRADESH 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: 344 OF 2018 Between: Dr.V. Rajanikanth, Sri Kalahasteeswara Institute of Technology (SKIT) Srikalahasti, Chittoor District, Andhra Pradesh, Residing at H.No.23-7- 101, Santhi Nagar, M.R.Palli Road, Tirupati-517502, Chittoor District ...Petitioner AND The State of Andhra Pradesh, Endowment Department, Secretariat, Velgapudi, Guntur District, Andhra Pradesh The Sri Kalahasteeswara Institute of Technology (SKIT), Chairman of Governing Body, and Commissioner of Endowments Department, Ibrahimpatnam, Vijayawada The Sri Kalahasteeswara Institute of Technology (SKIT), Executive officer cum Correspondent, Srikalahasteeswara Swamivari Devasthanams, Srikalahati, Chittoor District, Andhra Pradesh The Principal, Sri Kalahasteeswara Institute of Technology (SKIT) Srikalahasti, Chittoor District, Andhra Pradesh Jawaharlal Nehru Technological University, Ananthapur, JNTUA Registrar, Ananthapur 1. 2. 3. 4. 5. ...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 of Certiorari calling for all the connected records including the impugned proceedings RC. No. SKIT - Recovery of excess amount/2017 dated 20.12.2017 and quash the same as illegal, improper, unjust, arbitrary and violative of Principles of Natural Justice and further declare that petitioner is entitled to be continued as Associate Professor in the time scale attached to the post with all consequential benefits including monetary and seniority. lA NO: 1 OF 2018 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 proceedings RC. No. SKIT - Recovery of excess and 4**^ Respondents by rd amount/2017 dated 20.12.2017 of the 3 continuing petitioner as Associate Professor; lA NO: 3 OF 2018 Between: The Principal, Sri Kalahasteeswara Institute of Technology (SKIT) Srikalahasti, Chittoor District, Andhra Pradesh ...Respondent/Writ Petition AND 1. Dr.V. Rajanikanth, Sri Kalahasteeswara Institute of Technology (SKIT) Srikalahasti, Chittoor District, Andhra Pradesh, Residing at H.No.23-7- 101, Santhi Nagar, M.R.Palli Road, Tirupati-517502, Chittoor District ...Petitioners/Respondents 2. The State of Andhra Pradesh, Endowment Department, Secretariat, Velgapudi, Guntur District, Andhra Pradesh 3. The Sri Kalahasteeswara Institute of Technology (SKIT), Chairman of Governing Body, and Commissioner of Endowments Department, Ibrahimpatnam, Vijayawada 4. The Sri Kalahasteeswara Institute of Technology (SKIT), Executive officer cum Correspondent, Srlkalahasteeswara Swamivari Devasthanams, Srikalahati, Chittoor District, Andhra Pradesh 5. Jawaharlal Nehru Technological University, Ananthapur, JNTUA Registrar, Ananthapur r ...Respondents/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 order granted dated 04.01.2018 in WP MP (lA) No. 01 of 2018 in WP. No. 344 of 2018 and dismiss the writ petition devoid of merits Counsel for the Petitioner: SRI. K RAMAMOHAN Counsel for the Respondents; GP FOR ENDOWMENTS : SRI ACHANTA SRIKANTH REDDY, STANDING COUNSEL : SRI T. VENU GOPAL, STANDING COUNSEL The Court made the following: APHC010009012018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY, THE TWENTIETH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 344/2018 Between: 1.V RAJANIKANTH, SRI KALAHASTEESWARA INSTITUTE OF TECHNOLOGY (SKIT) SRIKALAHASTI, CHITTOOR DISTRICT, ANDHRA PRADESH, RESIDING AT H.NO.23-7~101, SANTHI NAGAR, M.R.PALLI ROAD, TIRUPATI-517502, CHITTOOR DISTRICT ...PETITIONER AND 1.STATE OF ANDHARA PRADESH, ENDOWMENT DEPARTMENT SECRETARIAT PRADESH 2.THE SRI KALAHASTEESWARA INSTITUTE OF TECHNOLOGY SKIT, CHAIRMAN OF GOVERNING BODY, AND COMMISSIONER OF ENDOWMENTS DEPARTMENT, IBRAHIMPATNAM, VIJAYAWADA 3,THE SRI KALAHASTEESWARA INSTITUTE OF TECHNOLOGY SKIT, OFFICER VELGAPUDI, GUNTUR DISTRICT, ANDHRA EXECUTIVE SRIKALAHASTEESWARA SWAMIVARI DEVASTHANAMS, SRIKALAHATI, CHITTOOR DISTRICT, ANDHRA PRADESH 4,THE PRINCIPAL, SRI KALAHASTEESWARA INSTITUTE OF TECHNOLOGY (SKIT) SRIKALAHASTI, CHITTOOR DISTRICT, ANDHRA PRADESH 5.JAWAHARLAL NEHRU TECHNOLOGICAL UNIVERSITY ANANTHAPUR, JNTUA REGISTRAR, ANANTHAPUR CUM CORRESPONDENT ...RESPONDENT(S): Counsel for the Petitioner: 1.KRAMAMOHAN Counsel for the Respondent{S): 1 .T VENU GOPAL SC FOR ENDOWMENTS (RAYALASEEMA REGION) 2.GP FOR ENDOWMENTS (AP) 3.Achanta Srikanth Reddy The Court made the following: 2 1 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/2017 dated 20.12.2017 and quash the same as illegal, improper, unjust, arbitrary and violative of Principles of Natural Justice and further declare that petitioner is entitled to be continued as Associate Professor in the time scale attached to the post with all consequential benefits including monetary and seniority. ’’ Heard Sri K.G.Krishna Murthy, learned senior counsel assisted by 2. Sri K.Rama Mohan, learned counsel for the Petitioner and Sri V.Venu Gopai, learned Senior Counsel representing Sri T.Venu Gopai, learned Standing Counsel for Sri Kalahasteeswara Institute Of Technology. Learned counsel for the Petitioner would submit that, the Petitioner was 3. appointed as Assistant Professor on 29.09.2000 and subsequently Respondent No.3 had issued Proceedings in RC.No.3/Tech.Estt/2006 , dated 01.05.2009 appointing him as Associate Professor, EEE with effect from 26.10.2006 with monetary benefits from 01.05.2009. It is further submitted that as per the recommendation of District Auditor, State Audit, Chittoor, the Petitioner was reverted to Assistant Professor (Sr.) from Associate Professor vide impugned proceedings on the ground that the stipulated procedure was rK3t followed by the earlier SKIT authorities for promotion of the Petitioner as Associate Professor and a direction was also issued directing the Petitioner to pay an amount of Rs.32,57,788/- to the SKIT authorities within six months from the date of receipt of the proceedings, without 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 (Sr.) from Associate Professor without issuing any notice to him. Learned Standing Counsel would further submit that the Court may pass appropriate orders. In the present matter, Respondent No.3 issued the impugned Proceedings dated 20.12.2017 ordering reversion of the Petitioner from the cadre of Associate Professor, Department of Electrical and Electronics Engineering to the cadre of Assistant Professor (Sr.) on the ground that the stipulated procedure was not followed by the earlier SKIT authorities for the Further, the pay and allowances paid to the the cadre of Associate Professor for a total amount of Rs.32,57,788/- was also ordered to be recovered from her within six months from the date of receipt of the said proceedings. For ready reference, the impugned proceedings dated 20.12.2017 are extracted hereunder: 4. 5. promotion of the Petitioner. Petitioner in 6. SRIKALAHASTEESWARA INSTITUTE OF TECHNOLOGY (SKIT) (Under the Management of Srikalahasteeswara Swamivari Devasthanam) Panagal, Srlkalahasti-517 640, Chittoor District. A.P. Proc. Rc.No. SKIT-Recovery of excess amount/2017 PROCEEDINGS OF THE EXECUTIVE OFFICER CUM CORRESPONDENT OF SKIT Date: 20-12-2017 Srikalahasteeswara Institute of Technology (SKIT) - Teaching Establishment Reversion of Dr. V. Rajanikanth from the cadre of Associate Professor in Electrical and Electronics Engineering to Assistant Professor (Sr.) with immediate effect Sub: c~^ 4 pa,«j0 p™ . ,pe ca.. o.:^aao norms Read:- 1. Rc. No.3/Teach. Estt/2006 Executive Officer Dated 01-05-2009 of the V. Raianikanth. DalZmeTofEE?? If"' ®" noJiT"'" Co^'-’^^PonaefofSmaeffo- **** ORDER:- In this Office proceedings cited referencp 1 nr \/ cd ■, promoted as Associate Profe<;snr in tZ n’^^ ^^J^>^'><3nth ^as Etectronics Engineering of SKIT Wp ^ Department of Electrical and Professor,,. EiEo7fmo„ Z2f0ofsTt fp‘'"‘^ f 12000-00 in the scale of pay of 12000.%7%fno ‘i T monitory benefit w/as implemented w.e f 1 h pnna The promotion of Dr 1/ Raianikanth fnr'thJn^^?^r^/^ EEE is no, rallfleo hy the As per the available SKIT not JNTUA and also n7t ellLle tfZTf ^mUfAICTEdhrlno7sTr7.,efs!rsf^^^^^^ - " as per reference to the cited above i e reference 2 nr \/ o u as the stipulated procedure was not Wo a8ri“r™7aamf the Pay and Allowances paid to Dr 1/ ^ianiklnf ‘° m aTlprt^tTfZslnT^^^^^^^ pi7d fhL7fht7a7ef7A%7%!,77o7esT"‘' 71 aamo*es within sixm, months from the receipt f77e To 0 rL Professor/n EEE r-. > ha HOD-EEE for information. 5 3. The Establishment Section. 4. Copy to file. Copy submitted to the Executive Officer cum Correspondent of SKIT for favour of information. Admittedly, the Petitioner was appointed as Assistant Professor on 29.09.2000 and subsequently was promoted as Associate Professor vide Proceedings in RC.No.3/Tech.Estt/2006, dated 01.05.2009 with effect from 26.10.2006 with monetary benefits from 01.05.2009. After approval of the selection committee, Respondent No.3 placed the same before the Governing Body meeting that was held on 09.11.2006, wherein the selection of the Petitioner as Associate Professor was also ratified. On the complaint filed by Venkataiah before Lokayukta complaining several issues that occurred in Respondent No.3- Institution, report was called for from Respondent No.2, wherein, Respondent No.2 stated that the selection for the post of Associate Professors were in accordance with the AlCTE guidelines. Based on the said report, the said complaint has also been closed by Lokayuktha. As such, the appointment of the Petitioner as Associate Professor is in accordance with the 7. one said norms. While so, Respondents Nos.3 and 4 issued the impugned proceedings reverting the Petitioner from the post of Associate Professor to the post of Assistant Professor (Sr.) in the Department of Electrical and Electronics Engineering for the reasons that his promotion was not ratified by SKIT Governing Body till date and the Selection Committee has not selected the Petitioner to the said post. After lapse of eight years of service of the 8. L 6 Petitioner, the impugned proceedings have been issued. It is also not in dispute that, no prior notice has been issued by giving an opportunity to the Petitioner to submit his version much less personal hearing. It is represented that Respondent No.3-College is not functioning since 2021. Viewed from any angle, the impugned proceedings are not 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/2017 dated However, Respondent No.3- College is at liberty to take 20.12.2017. 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 closed. Sd/- SHAIK MOHD. RAFI ASSISTANT REGISTRAR //TRUE COPY// OFFICER SEC To 1. The Principal Secretary, State of Andhra Pradesh, Endowment Department, Secretariat, Velgapudi, Guntur District, Andhra Pradesh (BY SPECIALMESSENGER) 2. The Chairman of Governing Body, Sri Kalahasteeswara Institute of Technology (SKIT), and Commissioner of Endowments Department, Ibrahimpatnam, Vijayawada 3. The Executive officer cum Correspondent, Sri Kalahasteeswara Institute of Technology (SKIT), Srikalahasteeswara Swamivari Devasthanams, Srikalahati, Chittoor District, Andhra Pradesh The Principal, Sri Kalahasteeswara Institute of Technology (SKIT) Srikalahasti, Chittoor District, Andhra Pradesh The Registrar, Jawaharlal Nehru Technological University, Ananthapur, JNTUA, Ananthapur (Addressee Nos.2 to 5 BY RPAD) One CC to SRI. K RAMAMOHAN Advocate [OPUC] Two CCS to GP FOR ENDOWMENTS, High Court Of Andhra Pradesh. [OUT] One CC to SRI T. VENU GOPAL, Standing Counsel [OPUC] One CC to SRI ACHANTA SRIKANTH REDDY. Standing Counsel [OPUC] 4. 5. 6. 7. 8. 9. 10. Three CD Copies HIGH COURT DATED: 20/03/2025 ORDER WP.No.344 of 2018 ^2nUL 2025 )% ^^vOyrrantSec DISPOSING THE WRIT PETITIION WITHOUT COSTS