[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: 174 OF 2018 Between: 1. M.Vijaya Laxmi, W/o, G. Yoganand, Aged about 42 years, Working as Associate Professor Sri Kalahasteeswara Institute of Technology (SKIT) Srikalahasti, Chittoor District, Andhra Pradesh, Residing at H.No. 19-3- 1/S 302, P& T Colony, Sripadmavathi Residency, Renigunta road, Tirupati -517 501, Chitttoor District ...PETITIONER AND 1. State of Andhra Pradesh, Represented by its Principal Secretary, Endowment Department, secretariat,Velagapudi, Guntur District, Andhra Pradesh 2. The Sri Kalahasteeswara Institute Of Technology (SKIT), Represented by its Chairman of Governing Body, and Commissioner Of Endowments Department, Ibrahimpatnam ,Vijayawada. 3. The Sri Kalahasteeswara Institute Of Technology (SKIT), Represented by its Executive Officer cum Correspondent, Sri Kalahasteeswara Swamivari Devastanams, Srikaiahati,Chittoor District, Andhra Pradesh 4. The Principal, The Sri Kalahasteeswara Institute of Technology (SKIT), Srikalahasti,Chittoor District, Andhra Pradesh 5. Jawaharlal Nehru Technological University (JNTU), Ananthapur Represented by its Registrar, Ananthapur. ...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 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 is filed 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 amount/2017 dates 20.12.2017 of the 3'^'^ and 4*^ respondents by continuing petitioner as associate professor. lA NO: 2 OF 2018 fWVMP.No. 2 of 20181: Between: The Principal, Srikalahasteeswara Institute of Technology (SKIT), Srikalahasthi, Chittoore District, Andhra Pradesh ...Petitioner/Respondent AND 1. Smt. M.Vijaya Laxmi, W/o. G, Yoganand, Aged about 42 years, Working as Associate Professor Sri Kalahasteeswara Institute of Technology (SKIT) Srikalahasti, Chittoor District, Andhra Pradesh, Residing at H.No.19-3-1/S 302, P& T Colony, Sripadmavathi Residency, Renigunta road, Tirupati -517 501, Chitttoor District ...Respondents/Petitioners 2. State of Andhra Pradesh, Represented by its Principal Secretary, Endowment Department, secretariat, Velagapudi, Guntur District, Andhra Pradesh 3. The Sri Kalahasteeswara Institute Of Technology (SKIT), Represented by its Chairman of Governing Body, and Commissioner Of Endowments Department, Ibrahimpatnam ,Vijayawada. 4. The Sri Kalahasteeswara Institute Of Technology (SKIT), Represented by its Executive Officer cum Correspondent, Sri Kalahasteeswara Swamivari Devastanams, Srikalahati,Chittoor District, Andhra Pradesh 5. Jawaharlal Nehru Technological University (JNTU), Ananthapur, Represented by its Registrar, Ananthapur. .. .Respondents/Respondents Petition under Section 151 CPC is filed 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. No.01 of 2018 in WP. No. 174 of 2018 and dismiss the writ petition devoid of merits Counsel for the Petitioner: SR! K RAMAMOHAN Counsel for the Respondents; GP FOR ENDOWMENTS (AP) Counsel for the Respondents: SRI T. VENU GOPAL SC FOR ENDOWMENTS (RAYALASEEMA REGION) The Court made the following: APHC010004682018 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: 174/2018 [3396] Between: I.M.VIJAYA LAXMI, RENGIGUNTA ROAD TIRUPATI CHITTTOOR DIST ...PETITIONER AND 1.STATE OF ANDHRA PRADESH, SECRETARIAT VELAGAPUDI GUNTUR 2.THE SRI KALAHASTEESWARA INSTITUTE OF TECHNOLOGY SKIT COMMISSIONER DEPARTMENT,IBRAHIMPATNAM VIJAYAWADA 3.THE SRI KALAHASTEESWARA INSTITUTE OF TECHNOLOGY SKIT, SWAM IVAR I OF ENDOWMENTS SRI KALAHASTEESWARA SRIKALAHATLCHITTOOR DISTRICT, ANDHRA PRADESH 4.THE PRINCIPAL THE SRI KALAHASTEESWARA INSTITUTE OF SRIKALAHASTI,CHITTOOR DEVASTANAMS TECHNOLOGY DISTRICT,ANDHRA PRADESH 5.JAWAHARLAL NEHRU TECHNOLOGICAL UNIVERSITY JNTU ANANTHAPUR,ANANTHAPURDISTRICT SKIT, ...RESPONDENT(S): Counsel for the Petitioner: 1. K RAMAMOHAN Counsel for the Respondent(S): 1.T VENU GOPAL SC FOR ENDOWMENTS (RAYALASEEMA REGION) 2.GP FOR ENDOWMENTS (AP) 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 2 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 Associate professor. ” as 2. 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 appointed as Assistant Professor on 29.09.2000 and subsequently promoted as 3. was was Associate Professor vide Proceedings RC.No.3/Tech.Estt/2006, dated 30.05.2006 and as on the date of notification in she has completed six years of service. It is further submitted that as per the recommendation of District Auditor, State Audit, Chittoor, the Petitioner was reverted to Assistant Professor from Associate Professor vide impugned proceedings on the ground that the stipulated procedure was not 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 amount of Rs.34,31,255/- 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 from Associate Professor an 4. without issuing any notice to her. 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 Electronics and Communication Engineering to the cadre of Assistant Professor on the ground that the stipulated procedure was not followed by the earlier SKIT authorities for the promotion of the Petitioner. Further, the pay and allowances paid to the Petitioner in the cadre of Associate Professor for a total amount of 5. Rs.34,31,255/- 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 6. extracted hereunder; SRIKALAHASTEESWARA INSTITUTE OF TECHNOLOGY (SKIT) (Under the Management of Srikalahasteeswara Swamivari Devasthanam) Panagal, Srikalahasti-517 640, Chittoor District. A.P. Date: 20-12-2017 Proc. Rc.No. SKIT - Recovery of excess amount/2017 PROCEEDINGS OF THE EXECUTIVE OFFICER CUM CORRESPONDENT OF SKIT Sub: Srikalahasteeswara Institute of Technology (SKIT) Teaching Establishment Reversion of Smt. M. Vijaya Laxmi, from the cadre of Associate Professor in Electronics and Communication Engineering to Assistant Professor with immediate effect as stipulated procedure was not followed as per AlCTE norms in the promotion Recovery of excess Pay and Allowances paid to her in the cadre of Associate Professor - Orders Issued - Reg. Read-1 Proceeding Roc. Read-1 Proceeding Roc. No. 3/ Teach Estt/2006, Dated 30-5-2006 of the Executive Officer cum Correspondent of SKIT In favour of Smt. M. Vijaya Laxmi, Department of ECE 2. Note approval orders of the Executive Officer cum Correspondent of SKIT dated 20-12-2017. 4 ORDER:- In this Office proceedings cited reference-1, Smt. M. Vijaya Laxmi was promoted as Associate Professor in the Department of Electronics and Communication Engineering of SKIT. She reported for duty as Associate Professor in ECE of SKIT on 21-06-2006. The promotion of Smt M Vijaya Laxmi for the post of Associate Professor in ECE is not ratified by the SKIT Governing Body till date As per the available SKIT records, It Is to submit that she has not Of Associate Professor in ECE in the scale of pay Rs 12000-420-18300 (APR UGC 1996 Scales) by the selection ^ headed by the Vice-Chancellor of Jawaharlal Nehru Technological University, Hyderabad during the interviews held on 27-05-2006 at JNTU Hyderabad. Hence her promotion as Associate Professor was not ratified S^KmiNTiUAirTF^H SKIT/JNTU/AICTE during her services at SKIT, Srikalahasti. With reference to the cited above i.e reference-2, Smt. M. Vijava l^xmi is reverted from the cadre of Associate Professor to Asst Professor Department of Electronics and Communication Engineering with immediate effect as the stipulated procedure was not followed by the earlier SKIT authorities for promotion of Smt. M. Vijaya Laxmi. Hence, the promotion of Smt. M. Vijaya Laxmi for the post of Associate Professor is found to be wrong and the Pay and Allowances paid to Smt. M. Vijaya Laxmi in the cadre of Associate Professor for a total of Rs. 34,31,255-00 (Rupees Thirty Four Lakh Thirty One Thousand Two Hundred and Fifty Fiye only) for which she IS not eligible has to be recovered from her as she Is not entitled for the same. committee Accordingly, Smt M. Vijaya Laxmi, Assistant Professor in ECE of SKIT IS hereby ordered that an amount of Rs.34,31,255-00 (Rupees Thirty Four Lakh Thirty One Thousand Two Hundred and Fifty Five only) paid to her in the cadre of Associate Professor is to be paid to the SKIT authorities within six(06) months from the receipt of the proceedings. To 1. Smt. M. Vijaya Laxmi, Associate Professor in ECE 2. The HOD-ECE for information. 3. The Establishment Section. 4. Copy to file. Copy submitted to the Executive Officer Correspondent of SKIT for favour of information. 7. Admittedly, the Petitioner was appointed as Assistant Professor 29.09.2000 and subsequently was promoted as Associate Professor vide Proceedings in RC.No.3/Tech.Estt/2006, dated 30.05.2006 cum on and has been 5 working as such. After approval of the selection committee, Respondent No.3 placed the same before the Governing Body meeting that was held on 29.05.2006, wherein the selection of the Petitioner as Associate Professor was also ratified. On the complaint filed by one 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 selections 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 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 in the Department of Electronics and Communication 8. Engineering for the reasons that her 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 11 years of service of the 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 her version much less personal hearing. 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. It is represented that 6 9. In the result, the Writ Petition i proceedings in Rc.No. SKIT-Recovery 20.12.2017. IS disposed of setting aside the impugned of excess amount/2017 dated is at liberty to take process of law. There shall However, Respondent No.3- College appropriate steps, if so advised, by following due be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shail stand Sd/- SHAIK MOHD. RAFI ASSISTANT REGISTRAR SECTION OFFICER //TRUE COPY// To, 1. The Principal Secretary, Endowment Department, State of Andhra Pradesh, secretariat, Velagapudi, Guntur District, Andhra Pradesh. [By Special Messenger] 2. The Chairman of Governing Body, and Commissioner Of Endowments Department, Sri Kalahasteeswara Institute Of Technology (SKIT), Ibrahimpatnam ,Vijayawada. 3. The Executive Officer cum Correspondent, Sri Kalahasteeswara Institute Of Technology (SKIT), Sri Kalahasteeswara Swamivari Devastanams, Srikalahati,Chittoor District, Andhra Pradesh 4. The Principal, The Sri Kalahasteeswara Institute of Technology (SKIT), Srikalahasti,Chittoor District, Andhra Pradesh 5. The Registrar, Jawaharlal Nehru Technological University (JNTU), Ananthapur, Ananthapur.[2 to 5 by RPAD] 6. One CC to SRI. K RAMAMOHAN Advocate [OPUC] 7. One CC to SRI T. VENU GOPAL SC FOR ENDOWMENTS (RAYALASEEMA REGION) [OPUC] 8. TwoCCsto GP FOR ENDOWMENTS (AP),High Court Of Andhra Pradesh. [OUT] 9. Three CD Copies HIGH COURT DATED;20/03/2025 ORDER WP.No.174 of 2018 a 2 'I JUL 2025 IS Sectk) THE WRIT PETITION IS DISPOSED OF WITHOUT COSTS