IN THE HIGH COURT OF ANDHRA PRADESH::AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTIETH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 41682 OF 2018 Between: Dr. S. Leela Lakshmi, W/o. Dr. V. Rajani Kanth, Aged about 46 years, Working as Assistant Professor (Sr) 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 - 517 502, Chittoor District. ...Petitioner AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary, Endowment Department, Secretariat, Velgapudi, 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, 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 (JNTU), Ananthapur, Represented by its Registrar Ananthapur 6. Special Commissioner of Collegiate Education ANR Towers, Vijayawada 7. A.P State Council of Higher Education, Andhra Pradesh State Council of Higher education rep. by Secretary Sree Mahendra Enclave, NRI Block (C-Block), 1 and 11 Floors, Opposite State Bank of India, Adjacent to NH-16, Tadepalli, Guntur-522501 ...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/2018 dated 14.11.2018 and quash the same as illegal, improper, unjust, arbitrary and violate of Principles of Natural Justice and further declare that petitioner is entitled to be continued as Assistant Professor (Sr) 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 operation of the impugned proceedings in RC. No. SKIT - Recovery of excess amount/2018 dated 14.11.2018 with retrospect effect from 01-10-20018 of the 3^^ Respondent by directing respondent to continue the petitioner as Assistant Professor (Sr); Counsel for the Petitioner: SR! K RAMAMOHAN Counsel for the Respondents No.! to 5: GP FOR ENDOWMENTS (AP) Counsel for the Respondents No.6 & 7; GP FOR HIGHER EDUCATION The Court made the following: Order APHC010862922018 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: 41682/2018 [3396] Between: DR. S. LEELA LAKSHMI, W/0. DR. V. RAJANI KANTH, AGED ABOUT 46 YEARS, WORKING AS ASSISTANT PROFESSOR (SR) SR! KALAHASTEESWARA INSTITUTE OF TECHNOLOGY (SKIT) SRIKALAHASTI, CHITTOOR DISTRICT, ANDHRA PRADESH, RESIDING AT H.NO.23-7-101, SANTHI NAGAR, M.R.PALLI ROAD. TIRUPATI - 517 502, CHITTOOR DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, ENDOWMENT DEPARTMENT, SECRETARIAT, VELGAPUDI, 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, 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 JNTU, ANANTHAPUR, REPRESENTED BY ITS REGISTRAR ANANTHAPUR 6.SPECIAL COMMISSIONER OF COLLEGIATE EDUCATION ANR TOWERS, VIJAYAWADA 7.A P STATE COUNCIL OF HIGHER EDUCATION, ANDHRA PRADESH STATE COUNCIL OF HIGHER EDUCATION REP. BY SECRETAFTY SREE MAHENDRA ENCLAVE, NRI BLOCK (C-BLOCK), I AND II FLOORS, OPPOSITE STATE BANK OF INDIA, ADJACENT TO NH 16, TADEPALLI, GUNTUR-522501 2 ...RESPONDENT{S): Counsel for the Petitioner: 1.K RAMAMOHAN Counsel for the Respondent(S): 1.G RAMANA RAO (SC FOR ENDOWMENTS RAYALASEEMAREGION) 2.GP FOR ENDOWMENTS (AP) 3.PENJURI VENUGOPAL (SC FOR JNTUA) 4.GP FOR HIGHER EDUCATION (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 amount/2018 dated 14.11.2018 and quash the same as Illegal, Improper, unjust, arbitrary and violate of Principles of Natural Justice and further declare that petitioner is entitled to be continued Assistant Professor (Sr) in the time scale attached to the post with all consequential benefits including monetary and seniority. ” 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 has been working from 30.05.2006 and as on the date of notification, she has completed three years two months of service. 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 Respondent No.4 tcji 3. recover an amount of Rs. 12,96,200/- from the Petitioner, within three months from the date of receipt of the proceedings, without even giving her a show- cause notice, and the same is nothing but the violation of principles of natural justice. 4. Learned Standing Counsel for the University fairly conceded that the Petitioner was reverted to Assistant Professor from Assistant Professor Senior 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.3 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 with w.e.f 01.10.2018 as there is no provision for retrospective effect i.e. 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. 12,96,200/- 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 Swamivarl Devasthanam) Panagal, Snkalahasti-517 640, Chittoor District. A.P. Proc. Rc.No. SKIT-Recovery of excess amount/2018 Date: 14-11-2018 4 PROCEEDINGS OF THE EXECUTIVE OFFICER CUM CORRESPONDENT OF SKIT Sub: Srikalahasteeswara Institute of Technology (SKIT) Teaching Establishment Reversion of Dr. S. Leela Lakshmi, from the cadre of Assistant Professor (Sr.) in Electronics and Communication Engineering Department to Assistant Professor In EOF 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 norms 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. S. Leela Lakshmi, Department of ECE. 2. Note approval orders of the then Executive Officer Correspondent of SKIT dated 8-12-2017. cum 3. Recommendations of the District Auditor, State Audit Chittoor Dated 23-12-2017. 4. Note approval orders of the Executive Officer cum Correspondent of SKIT dated 10-11-2018. ORDER:- In this Office proceedings cited reference-1, Smt. S. Leela Lakshmi lA^as appointed as Assistant Professor with Senior Scale in the Department of Electronics and Communication Engineering of SKIT. She reported for duty as Assistant Professor with Senior Scale, Department of ECE of SKIT on 30-5-2006. With reference to the 2”^ cited above, the appointment related to Smt. S. Leela Lakshmi i/i/as referred to the District Auditor, State Audit, Chittoor for their remarks. After careful examination, the District Auditor, State Audit, Chittoor has stated that as per AlCTE norms there is no provision for appointing for the post of Assistant Professor with the Senior Scale In direct faculty recruitment. The Pay fixations of Smt. S. Leela Lakshmi has to be revised with the Basic Pay of Rs. 8000-00 In the scale of pay of Rs.8000- 275-13500 (UGC 1996 Pay Scales) instead of Basic Pay of Rs. 10,000-00 in the Scale of Pay of Rs. 10000-325-15200 w.e.f 30-5-2006. The excess Pay and Allowances paid in the cadre of Assistant Professor with Senior Scale for the period from 30-05-2006 to 30-9-2018 for a total amount of Rs.12,96,200-00 (Rupees Twelve Lakh Ninety Six Thousand and Two Hundred only) has to be recovered from Smt. S. Leela Lakshmi. After consideration of the recommendations of the District Auditor, State Audit, Chittoor, vide reference 3rd cited, Smt. S. Leela Lakshmi is reverted from the cadre of Assistant Professor with Senior Scale, Department of Electronics and Communication Engineering to the cadre of Assistant Professor with retrospective effect i.e., w.e.f 01-10-2018 as there 5 is no provision for appointment of Assistant Professor with Senior Scale in direct faculty recruitment as per AlCTE norms. Hence, the appointment of Smt. S. Leela Lakshmi as Assistant Professor with Senior Scale In ECE of SKIT is found to be wrong. With reference to the 4th Cited, the Pay and Allowances paid to Smt. S. Leela Lakshmi in the cadre of Assistant Professor with Senior Scale for a total of Rs.12,96,200-00 (Rupees Twelve Lakh Ninety Six Thousand and Two Hundred only) has to be recovered from Smt. S. Leela Lakshmi for which she is not entitled for the same. The Principal, SKIT has to take action for recovery of the above said excess amount from Smt. S. Leela Lakshmi within three months (03) period from date of the receipt of the proceedings. To 1. Smt. S. Leela Lakshmi, Department of ECE 2. The HOD-ECE for Information. 3. The Establishment Section. 4. Copy to file. 7. Admittedly, the Petitioner was appointed as Assistant Professor (Sr) in Respondent No.3-College and working as such from 30.05.2006 and Respondent No.3 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. 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 Assistant Professors (Sr) were in accordance with the AlCTE guidelines. Based on the said report, the said complaint has also been closed by Lokayuktha. 6 After lapse of 12 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. 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. 9. In the result, the Writ Petition is disposed of setting aside the impugned proceedings in RC. No. SKIT - Recovery of excess amount/2018 dated However, Respondent No.3- 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. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. Sd/- B CHITTI JOSEPH ASSISTANT REGISTRAR 0^ //TRUE COPY// SECTION OFFICER To The Principal Secretary, State of Andhra Pradesh, Endowment Secretariat, Velgapudi, Guntur District, Andhra 1. Department Pradesh. (BY SPECIALMESSENGER) 2. The Chairman of Governing Body, Sri Kalahasteeswara Institute of Technology (SKIT), and Commissioner of Endowments Department, Ibrahimpatnam, Vijayawada. N 3. The Executive officer cum Correspondent, Sri Kalahasteeswara Institute of Technology (SKIT), Srikalahasteeswara Swamivari Devasthanams, Srikalahati, Chittoor District, Andhra Pradesh. 4. The Principal, Sri Kalahasteeswara Institute of Technology (SKIT) Srikalahasti, Chittoor District, Andhra Pradesh. 5. The Registrar, Jawaharlal Nehru Technological University (JNTU), Ananthapur, Ananthapur 6. The Special Commissioner of Collegiate Education ANR Towers, Vijayawada 7. The Secretary, A.P State Council of Higher Education, Andhra Pradesh State Council of Higher education, Sree Mahendra Enclave NRI Block (C-Block), I and II Floors, Opposite State Bank of India, Adjacent to NH-16, Tadepalli, Guntur-522501 (Addressee Nos.2 to 7 BYRPAD) 8. One CC to SRI. K RAMAMOHAN Advocate [OPUC] 9. TwoCCsto GP FOR ENDOWMENTS (AP),High Court Of Andhra Pradesh. [OUT] 10. Two CCS to GP FOR HIGHER EDUCATION, High Court Of Andhra Pradesh. [OUT] 11. Three CD Copies HIGH COURT DATED: 20/03/2025 ORDER WP.No.41682 of 2018 DISPOSING THE WRIT PETITIION WITHOUT COSTS