Dr Pulimamidi Saritha Reddy v. 1. Osmania University And Another

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue any writ, order or direction particularly one in the nature of WRIT OF MANDAMUS declaring the proceedings MR No.'14i4l2009/Adm.-ll-'1 , dated 121212015 of the respondents in refusing to extend the Senior Scale and also the scale of Associate Professor and further under CAS as per UGC Norms by taking into consideration the entire service rendered by me as arbitraary, illegal and violative of Art.14 and 21 of the Constitution of lndia besides UGC Regulations and by nuilfying the same direct the extension of the same with effect from the date of completion of the required years by adding past service and by keeping in view the decisisons and judgments rendered in Dr.N.J.Prameela Subhashini V/s the Registrar, Osmania University reported in 2017 (5) ALD743 and also Dr.Y.Pratap Reddy V/s Govt. of A.P. reported in 2017(4) ALT 745 and also rendered a detailed judgment in WP 36190 of 2017 on 131312018 in the case of Dr. B.Krishna Reddy Vs Osmania University. 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 direct the respondent university to re-examine my case for CAS upgradations in the ensuing selections by counting the petitioners past service in the light of the ludgmelnts rendered Dr.N.3.Prameela Subhashini V/s the Registrar, Osmania uni-versity reported in 2017 (5) ALD743 and also Dr.Y.Pratap Reddy V/s Govt of R.e. reporteo in 2017(4) ALT 745 and also rendered a detailed judgment in wP 36190 of 2017 on 131312018 in the case of Dr.B.Krishna Reddy Vs osmania University by suspending the proceedings MR No.14l4l2009lAdm.-H-1 , dated 12t212O19, pending disposal of the above writ petition. Counsel for the Petitioner : SRl. P B VIJAY KUMAR Counsel for the Respondents NO 1 TO 2 : S LAKSHMI KANTH SC FOR OU The Court made the following: ORDER I I I I HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT P ETITIO N o.LgL73 of 2019 ORDER: This writ petition is filed seeking the following relief: "to /ssue any writ, ordei or direction particularly one in the nature of WRIT OF MANDAMUS declaring the proceedings MR No.14/4/2009/Adm.-II-1, dated 12/2/2019 of the respondents in refusing to extend the Senior Scale and also the scale of Associate Professor and further under CAS as per UGC Norms by taking into consideration the entire service rendered by the petitioner as arbitrary, illegal and violative of Art.14 and 21 of the Constitution of India besides UGC Regulations and by nullifying the same direct the extension of the same with effect from the date of completion of the required years by adding past service and by keeping in view the decisions and judgments rendered in Dr.N.l.Prameela Subhashini V/s the Registrar, Osmania University reported in 2017 (5) ALD743 and also Dr.Y.Pratap Reddy V/s Govt. of A.P. reported in 2017(4) ALT 745 and also rendered a detailed judgment in WP 36190 of 2017 on 13/3/2018 in the case of Dr. B.Krishna Reddy Vs Osmania University and pass such other order or orders may deem fit and proper in the circumstances of the case"

2. Heard Sri P.B. Vijay Kumar, learned Senior Counsel for the petitioner and learned counsel for the respondents. Perused the record. 2 ,ri

3. The case of the petitioner is that she was appointed as a part-time lecturer in Chemistry in the University College of Women, Koti, Hyderabad in 1998 and rendered her services till 2001 with pay scale of Rs.8,000/- (Rupees eight thousand only) per month. Later, a notification was issued calling for applications for the posts of Academic Consultants; the petitioner applied for the same and was selected for the said post. The petitioner was appointed as Academic Consultant by appointment order dated 12.07.2OO1 with an enhanced pay scale of Rs.10,000/- (Rupees ten thousand only) and rendered her services till L4.05.2OO7. It is stated that the duties and responsibilities of the petitioner as Academic Consultant are similar to that of Assistant Professor and that her emoluments were minimum of the scale extended to an Assistant Professor. 3

4. It is further stated that subsequently, the respondent university issued an adveftisement No.1/2006 dated 31.03.2006 and the petitioner was selected for the post of Assistant Professor in the University College of Women, Koti, Hyderabad under MR. No.734128/2007 /Admn.II- 1

14.0.5.2007 and since then, the petitioner had been rendering her services in the said post with a pay scale of Rs.8,000/- to Rs.13,000/- (Rupees thirteen thousand only) {UGC RSP-1996}.

5. Learned counsel for the petitioner submitted that as per the Career Advancement Scheme (CAS) extended by the University Grants Commission (UGC), the petitioner is eligible to be appointed against Senior Scale on completion of four (4) years of service. It is submitted that even temporary service for more than one (1) year is to be taken in consideration for the purpose of CAS. Despite the petitioner rendering her services since 1998, the 4 respondent University is not acting upon the case of the petitioner. The petitioner submitted several representations to the Respondent University for considering her case for appointment against Senior Scale by taking into consideration her past service since 1998, but so far no action has been taken , as such, she is constrained to approach this Court.

6. Learned counsel for the petitioner submitted that in similar circumstances, the order dated 20.03.2024 was passed by this Court in W.P Nos.6904 and 6790 of 2O2O wherein the respondent authorities therein are directed to consider the case of the petitioners therein and pass orders in extending the Senior Scale and CAS promotions by taking into consideration their past services and to grant all consequential benefits.

7. Taking note of the fact that the petitioner herein is similarly placed as that of the petitioners in W.P. Nos.6904 and 6790 of 2020, this writ petition IS 5 allowed directing the respondent University to consider the case of the petitioner for extending Senior Scale and CAS promotions by taking into consideration her past services since 1998 and to grant all consequential benefits, and pass orders in accordance with law, within a period of three (3) months from the date of receipt of a copy of this order, provided the representations seeking for promotions under CAS are already made by the petitioner as claimed in the writ affidavit. There shall be no order as to costs. Consequently, miscellaneous applications pending, if any, in this Writ Petition, shall stand closed. SD/.V.KAVITHA DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 7

1. The Registrar,Osmania University' Hyderabad-S 2. The Vice-Chancellor Executive Council' Osmania University'Hyderabad 3. One CC to SRl. P B VIJAY KU[/AR' Advocate' [OPUC] 4. One CC to SRl. S LAKSHMI KANTH' Advocate' [OPUC] 5. Two CD CoPies 6. One SPare CoPY BS f o- J o C) l riB J f4f e L. cF ( 2 B JUll 2ffi5 t oFS PT. TC I HIGH COURT DATED i 2810312025 ORDER WP.No.19173 of 2019 ALLOWING OF THE WRIT PETITION WITHOUT COSTS. / /.4 U t