High Court · 2025

Petition under Article 226 ol the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to,issue a writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the 5th respondent-u niversity in not extending the benefit of UGC pay Band of Rs.37400-67000 with AGP Rs.90001 in terms of G O.lVs.No.14 dt.2}.2.2O1O and judgment of this Hon'ble Court in W.P.No.1825512010 and batch d1.23.6.2014 with effect from the date of appointment of the writ petitioner as Associate Professor i.e. 14.3.2007 as illegal, bad and arbrlrary and further direct the respondents to extend the benefit of UGC Pay Band of Rs.37400- 67000 with AGP Rs.9000/- to the petitioner in terms of G.O.lvls.No. 14 d1.20.2.2010 and judgment of this Hon'ble Court in WP.No.18255t2O1O and batch dt.23.6.2014 with effect from the date of appointment of the writ petitioner with all consequential benefits by declaring the proceedings No C:FA/255/2019-20 d1.26.8.20'19 by returning the r€rcovered amount as illegal and bad ir. aw. lA NO: 1 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed i-r support of the petition, the High Court may be oleased to direct the respondents herein to extend the benefit of UGC Pay Band of Iis.37400-67000 with AGp of Rs 9000/- to the writ petitioner in terms of G.o.lvs.No 14 dt.20.2.2010 and judgment of tlris Hon'ble Court in W.P.No.'1825512010 and batch dt.23.6.2014 with effect from the date of appointment of the writ petitioners as Associate Professor i.e., 14.:?.211)07 pending disposal of the above writ petitior. @ounsel for the Petitioner: SRI J.R.MANOHAR RAO Counsel for the Respondent Nos.l & 3: GP FOR SERVICES I Counsel for the Respondent No.2: SRI GADI PRAVEEN KUMAR, Dy. Counsel for the Respondent No.4: GP FOR SERVICES-II| Counsel for the Respondent No.S: SRI KOMATT REDDY VENKATANARASIMHA SOLICITOR GENERAL OF INDIA REDDY, SC FOR JNAFU The Court made the following: ORDER a) THE HON'BLE SRT.IUSTICE PULLA KARTHIK WRIT PETITION No.241O9 of 2023 ORDER: This Writ Petition, under Article 226 of t}:e Constitution of India, is Itled seeking the following relief: "...to issue a urit, order or direction more particularlg one Ln the nature of wit of Mandamus declaring the ection of the 5h respondent uniuersitA in not extending the benefit of UGC pag Band of Rs.374OO- 6700O uith A.G.P. RI.9OOO/ - in terms of G.O.Ms.No.14 dt.20.2.2010 and judgment of this Hon'ble Coult in w.P.No.18255/ 20 1O and batch dt.23.6.2o14 with effect from the date of appointment of the wit petitioner cs Associcfe Prokssor i.e. 14.3.20O7 as itlegal, bacl and qrbitrary and furTher direct the respondents to extend. the benefit of UGC Pag Band of Rs..374OO-67OOO toith A-G.P. Rs.9OOO/- to the petitioner in terms of G.O.Ms.Noo.14 dt.20.2.2010 and judgment of this Hon'bLe Court in W.P.No.18255/ 2010 qnd batch dt.23.6.2014 tuith effect from the dote of oppoitltment of the Luit petttioner with oll consequential benefits bg declaing the proceedings No.CFA/ 255/ 2019-20 dt.26.8.2019 bg returning the recouered amount as illegal and bad in law and pass . . . "

2. Heard Sri J.R. Manohar Rao, learned counsel appearing for the petitloner, learned Government Pleader for Serwices-I on behalf of respondent Nos.1 arld 3, Sri Gadi Praveen Kumar, learned Deputy Solicitor General, on behalf of respondent No.2, learned Government Pieader for Services-lll for respondent No.4 and Sri Komati Reddy Venkatanarasimha Reddy, learned Standing Counsel appearing on behalf of respondent No.5.

3. Learned counsel appearing for the petitioner submitted that the petitioner was initially appointed as an Associate Professor in Sculpture in respondent No.5 University, through direct recruitment, and joined duty Il 2 PK, J W.P.i ).241A9 of 2023 on 14.03.2007, S;ubsequently, the Government issued G O.Ms.No.14 dated 2o.o2.201r), implementing the uGC Revised pa1. scales 20o6 to the teaching staif in th,: universities and colleges, w.e.f.., O1.0l.21106, and in view of the sa.rle , the petitioner,s pay was hxed ar .ts.46,400/_ (Rs.37,a00l- + Rs.1.000/- A.G.p.) in the pay Band of Rs.37,4r)0_65,000 + Rs.9,000/- A.G.F. \Vhile so, the pay fixation of the petitioner \vas objected by the State Audit. eind her pay was re-hxed at Rs.30,320/ (t?s.22,320 + ds.8,000/- A.G.J:,.) n,.c.f., 14.O3.2OO7, in the pay Uand of Rs. 15,60O- 39,000 + Rs.6,000 ApG vide proceeclings dated 26.08.2019. SLbsequently, after completion cf three years, her pay was re-hxed at 11s.46,400/_ (Rs.37,400 + Rs.!),(tOO A.G.P.) w.e.f., t4.O3.2OtO. It was furrher submitted that in similar r;ircu mstances, the teaching faculty of prof. Ja ya Shankar Telalgana State ,l.griculture University hled W.p.No.1gOg7 ol 2()19 seeking to implement the Pay Band of Rs.37,400-67,0OO + ps.g,6901 ,\.c.p. (UCG Scale-2006) in th. cadre of Associate professor a.d this courl, vide order dated 28.o8.201!t, allou,ed the said writ petition directrng the r espondents therein to hx the PeLy Band of the petitioners therein in the I,ay Band of Rs.37,400-67,000 'vith A.G.P. of Rs.9,000/- with effect from the date of their appointmerrL ils Associate professors. In comphance ,tf the said order, the Government had also permitted the Registrar, prof. Jaya i}._ a-1 3 PK, J W.P.No.24109 oJ 2023 Shankar Telangana State Agriculture University, to implement the aforesaid order of this Court, vide letter dated 2O.O7.2021.

4. Learned counsel further submitted that in the case of the petitioner, the difference of alleged excess amount of Rs.17,73,069/- was recovered from her monthly salary from July, 2O2l to January, 2025, at the rate of Rs.41 ,234 I - per month. Therefore, she made a representation to respondent No.S on 1O.O2.2O22, requesting to extend the Pay Band of Rs.37,400-67,000 + Rs.9,00O/- A.G.P. (UGC Scale-2OO6) with effect from her appointment i.e., 14.03.2007, and also to re-fix her pay in the cadres of Associate Professor and Professor. However, no action has been taken thereon so far. Therefore, learned counsel for the petitioner prayed this Court to pass necessary orders in the present writ petition.

5. On the other hand, learned Standing Counsel for respondent No.5, while admitting the fact that the UGC Scales-2Oo6 were implemented to the teaching staIl of Universities arrd Colleges, w.e.f., O1.01.2006, as per the orders issued in G.O.Ms.No.14 dated 20.02.2010, submitted that the petitioner's pay was fixed in terms of Sub-Clause viii of Appendix-il of G.O.Ms.No. 14, as Rs.46,400/- in the Pay Band of Rs.37,600- 67 ,OOO + Rs.9,OOO/- A.G.P., w.e.f., 14.O3.2OO7 i.e., from the date of her appointment, vide proceedings dated 30.04.201 1. However, the State Audit, during the year 20 10- 1 1, has pointed out that the fixation of the 4 PK, J t\;.LNo.24109 oJ 2O23 petitioner's parr i, the cadre of Associate professor is ncrt as per the guidelines issued in Memo.No.6882 /uE-rI/2o1o-r dated 06.07.2017, and instructed to recover the excess atnount paid to tlre petitioner Accordingly, tht-. gretitioner's pay was re-hxed at Rs.3O,320 /_ in the pay Band of Rs. 15 15()0-39,100 + ps.6,960 A.c.p., w.e.f., 14.03 2007, and it was again re-fixed at Rs.46,400/- in the pay Band of Rs.37, 100_67,000 + Rs.9,00O/- A.G.P , w.e.f., 74.O3.2O1O, i.e., after completion of three vears.

6. Learned rSr aLnding further submitted that in furthe rance of the representation of the petitioner dated 1O.O2.2022, the respondent University addressed a letter to the Audit Officer, Sta.e Audit, on

09.o3-2022, akrng with the relatecl documents, requesting tc re-consider the request of the petitioner on par with the teaching faculty of prof. Jaya Shankar Telanp;iera State Agriculture University which 'rvas a rlowed by the State Governmert. In response, the Audit Officer. Stat,: Audit, has informed that frLrrher clarification on re-fixatron of the petitiorLer,s pay may be obtained fr.m the Government. Accordingly. the responde nt University addressed a letter. in detail, to respondent No. 1, arong with the relevant documents, r,ide Univ.Lr.No.C/122/AO/2022 dated lB.Og.2O22, requesting to cor-rsider the case of the petitioner as per the UC c Guidelines for allowing to fix her pay in the pay Band of Rs.37,4 CO_67,00O + Rs.9,000/- A.G.P. fiom the date of her appointment as Associate professor, /^. 5 PK, J w.P.No 24109 of 2023 i.e., 14.03.2007, on par with the faculty of the Prof. Jaya Shankar Telangana State Agriculture University, and a reply in this regard is awaited from the Government.

7. Having regard to the submissions made by the learned counsel for the respective parties and upon perusal of record, it is undisputedly clear that the Revised UGC Pay Scales-2006 were implemented to a,ll the teaching faculty of the Universities and Colleges, w.e.f., 01.O6.2006, as per the orders issued in G.O.Ms.No. 14, Higher Education (Utr-II) Department, daLed 2O.O2.2O1O. Sub Clause (viii) of Appendix-Il of the said G.O. is extracted hereunder: "(viii) Posts of Associate Professor shall be in t1"e Pay Bald of Rs.374OO-6700O with A.G.P. of Rs.9OOO. Direcfly recruited Associate Professors shall be placed in the Pay Band of Rs. 37400-67000 with an A.G.P. of Rs- 9O0O, at the appropriate stage in t1 e Pay Band in terms of tJle conditions of appointment."

8. Accordingly, in compliance of the above provision, the petitioner's initial pay was fixed at Rs.46,0O0/ in the Pay Band of Rs.37,400-67,000 + Rs.9,OOO/- A.G.P., w.e.f., 14.O3.2OO7, i.e., from the date of her appointment as Associate Professor. However, during the year 2010-11, the State Audit has raised al objection stating that the petitioner's pay fixation in the cadre of Associate Professor was not in accordance with Memo.No.6882/Utr.II/2OlO-l dated 06.07.201O. Consequently, the 'i*r' f-r 6 PK, J l\,'.1 .No.24109 of 2023 petitioner's paJ'y.rr1s reduced and re-fixed at Rs.30,32O/ in lhe pay Band of Rs. 15,6O0-3q.100 + Rs.8,000 A.G.p., w.e.f., t4.O3.2OOi. and ir was again re-fixed ar. Rs.46,400/- in the pay Band of Rs.37, +00_67,000 + Rs.9,000/- A.G.P.. w.e.f., 14.03.2010, i.e., after completion o{ three years.

9. Here, it is pertinent to note that the aJoresaid Memo dated 06-07.2olo, u'as a.lready set aside by this court vide commor order dated 23.06.2014 in \V.P.No. 18255 of 2O 1O, holding that rn executive clarification car:nct override the provisions of G.o.Ms.No. 14, and declared that the petitiorLers are entitled for pay Band of Rs.37,4oo-67,00o with Rs. 9000/- A.G.P. 'fr-rc relevant portion of the aJoresairl .rder is extracted hereunder: "ln my considered view, the 2"d respondent, in thc n rme of pror'rding 'clarification, has literally waterecl doi.r,n, nay amenclecl, the provisions of GO Ms. No.14, with :r ;imple stratagerr of an executive instruction, which is impermissible. Despite ts best efforts, this Court has farled to harmon se the impugned Memo with GO Ms. No.14, havtng thus be,:n left with onl.l one option of deciaring that the impugned M,:mo is illegal ar: cL impermissible. In tl-re facts and circumstances, the batch of writ pe:itions are a.hrlvr:d setting aside the Memo No.6882/UE.lll2(rlO_O1 dated ('-7 -2010 issued by the principal Secretary to Government, Higher Education (UE.II) Department. r,rith a furttret- consequentia-l declaration that the petitioner s are entitle,:l frr pay band of Rs.37400 67000 w-ith A.G..). Rs. 9OOO I -, rvhich sca_le of pay is required to be pard -.o the petitio:Lers. No order as to costs.,, 7 PK, J W.P.No.24109 of 2023

10. Further, in the light of the aforesaid common order, this Court, vide order dated 2A.Oa.2OI9, allowed W.p.No.1gog7 of.2Ol9, direcling the respondents therein to rlx the pay band of the petitioners therein in the pay band of Rs.37,4OO-67,OOO with A.G.p. of Rs.OOOOT- with effect from their appointment as Associate professors. rn compliance of the said order dated 28.o8.2019, the Government had also addressed a letter vide Lr.No.895/Agri -III /AL /2O2O d,ated 2O.OZ.2O2t, to the Registrar, prof. Jaya ,, Shankar Telangana State Agriculture University, permitting him to implement the hxation of pay in the light of the said order of this court dated 28.O8.2O19.

11. Coming to the case on hand, as can be seen from the record, the petitioner submitted her representation to respondent No.5 on 1o.o2.2o22, requesting to extend the pay Band of Rs.37,4OO_67,OOO + Rs.9,g967_ o1 A.G.P. with effect from the date of her appointment in the cadre of Associate Professor i.e., 14.03.2007, and also to re_hx her pay in the cadres of Associate Professor and professor respectively, as per the ord.ers of this Court. In pursuance of the same, respondent No.5 forwarded her request to respondent No.1 on ta.OB.2O22 vide Lr.No.C/ 122 /AO /2022 (tl, requesting to re-consider the request of the petitioner on par with the petitioners in W.P.No. 18255 of 2010, and to allow him to Iix the petitioner's pay in the pay Band of Rs.37,400_67,00O + Rs.9,00O/_ A.G.p. I ( 8 PK, J w.t'.Na 24109 of 2023 (UGC Scales-2o0tr) from the date of her appointment in tkre cadre of Associate Profess,:,r i.e., 14.03.2O07. The said case is pending ,:onsidering before responden.: No. 1.

12. In the fa<:ts and circumstalces of the case on hancl, since respondent No.5 liad already addressed a letter to respordent No'1, recommending Ltte t:ase of the petitioner, this Court deems it appropriate to direct responiettt No.l to pass necessary orders on the retluest of the petitioner, i.e., representation dated 1O.O2.2022, dul-v* 'aking into consideration t ht: letter addressed by respot'rdent No 5 vide Lr.No.Cl1,22lAO/2(\22 (i), dated 1a.O8.2O22, in the light of t.re orders of this Court deLtei 23.06.2014 ald 28.Oa.2019 , resp( lctively, in W.P.Nos.18255 of 1101o and batch and 18087 of 2019, resl)ectively, as expeditiously as possible, preferably within a period of eight (08) weeks from the date of re,:,:ipt of a copy of this order.

13. With the above direction, the Writ Petition is disposed oL MiscellaneorLs; applications, if aly, pending in this writ p':tition, shal1 stand closed. Ntt c osts //TRUE COPY' SD/-T. PEP TIRUMALA DEVI UTY REGISTRAR SECTION OFFICER The Principal Secretary, Higher Education (UE ll) DJpartment Secretariat' ?n3?133 i"1 itlf"$i3,',i,"8 Jii c om m i ss ion, Ba h ad u r s h as h zafa r M a rs' +;y3""J:l; l?,L%,no,r, tvtinistrv or Human Resources Deve lopment' Hisher ifi;i;; 'i;;nniCaisection-ii, Sastrv Bhavan'. New Delhi i;; 6i;;;t.;, iiri. Aroit, stite of retinsana' Hvderabad' The Registrar Jawaharlal rtftf''l-" nic-f.|iteii"" a n'd Fine Arts University' trlasab Tank. Hvderabad. o?"'ei't" srirl' n. rt rnruonnR RAo, Advocate IoPu cl

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7. fwo CCs to GP FOR SERVICES-I, High Court for the State of Telangana, at Hyderabad [OUT]

8. Two CCs to GP FOR SERVICES-Ill, High Court for the State of Telangana, at g Oire CC to SRt GAD| PRAVEEN KUMAR, Dy. SOLICITOR GENERAL OF Hyderabad. [OUT] rNDrA [OPUC] 1O.ONC CC tO SRI KOMATI REDDY VENKATANARASIMHA REDDY, SC FOR JNAFU [OPUC] '1 1.Two CD Copies PSK BS d HIGH COURT DATED:04104t2025 ORDER WP.No.24109 of 2023 \ I 0 / 1nE I4 I 6 o t D 1z np; ?t!fr : t../ // ,a -./ DISPOSING OF THE WRIT PETITION WITHOUT COSTS { u