IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY FIFTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE D.S.R.VARMA and THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION NO : 23426 of 2007 Between: M/s. Osmania University, rep. by its Registrar, OU Campus, Hyderabad. ..... PETITIONER AND 1 A.P. State Human Rights Commission, Ground Floor, Gruhakalpa, M.J. Road, Hyderabad. 2 Dr.M.Viswanath Reddy Osmania University, H.No.9-30/3, Ravindranagar, Habsiguda, Hyderabad - 500 007. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to pass order or orders or writ, more particularly one in the nature of writ of Mandamus declaring the order passed by A.P. State Human Rights Commission dated 28.03.2007 in H.R.Case No.2148 of 2006 as arbitrary, illegal and violation of fundamental rights guaranteed to the petitioner under Art. 14, 19(1)(g) of Constitution of India and contrary to the provisions of Protection of Human Rights Act, 1993 beyond the jurisdiction and beyond the powers vested under Section 12 of Protection of Human Rights Act, 1993 and set aside the same or pass such other order or orders. Counsel for the Petitioner:MR.DEEPAK BHATTACHARJEE Counsel for the Respondent : MR.C.V.RAJEEVA REDDY FOR R15.11.07,VAK-2 MR.V.RAVI KIRAN RAO FOR RVAK-1 GP FOR HIGHER EDUCATION FOR R The Court made the following : THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE K.C.BHANU Writ Petition No.23426 of 2007 Oral Order: (per D.S.R.Varma, J.) The writ petition is directed against the orders of the Andhra Pradesh State Human Rights Commission, Hyderabad, dated 28-3-2007, in H.R.C.No.2148 of 2006, wherein and whereby the petitioner herein-Osmania University, Hyderabad was directed to pay the pension to respondent No.2 herein by computing with an addition of weightage of three more years in addition to three years of weightage already given under Rule 24 of Pension Rules for University Teachers, 1992 (for brevity, ‘the Pension Rules’) and in accordance with G.O.Ms.No.208, Higher Education (FW PC.I) Department, dated 29-6-1999, with a further direction that the Osmania University shall comply with the said order of the Commission within a period of three months from the date of receipt of the copy of that order. 2. This Court heard at length Sri Deepan Bhattacharjee, learned Counsel appearing for the petitioner-Osmania University; Sr i V.Ravi Kiran Rao, learned Counsel appearing for respondent No.1-A.P.State Human Rights Commission, Hyderabad; Sri K.Subrahmanya Reddy, learned Senior Counsel, representing Sri C.V.Rajeeva Reddy, learned Counsel appearing for respondent No.2-petitioner; and the learned Government Pleader for Higher Education appearing for respondent No.3. 3. During the course of hearing, upon a suggestion made by this Court to explore the possibility of implementing the impugned orders of the Andhra Pradesh State Human Rights Commission, the learned Counsel appearing for petitioner-Osmania University readily agreed and eventually we are now informed that the Osmania University had agreed to implement the impugned orders of the Andhra Pradesh State Human Rights Commission. 4. Consequently, the Department of Higher Education (UE-1) in its proceedings G.O.Rt.No.165, dated 23-02-2008, had issued the instructions at paras 3 and 4 of the said G.O., which are as under, for ready reference: “3. Government, after careful examination of the matter, hereby clarify that an additional weightage of three years, in terms of G.O.Ms.No.208, Higher Education Department, dt.20.06.1999, over and above the three years weightage already given under Rule 24 of Pension Rules for University Teachers, 1992 shall be applicable to those teachers who have acquired Ph.D. degree at the time of entry into Service. 4. The Registrar, Osmania University, Hyderabad, shall take necessary action accordingly and implement the directions of the Andhra Pradesh Human Rights Commission in H.R.C.No.2148 of 2006, dated 28.03.2007.” 5. In view of the said orders and also willingness of the petitioner-Osmania University to implement the orders of the Government so far as the case of not only respondent No.2-petitioner but also similarly situated individuals, we do not, in fact, find any reason to pass any further orders nor there is any need to go into the other questions before this Court at the time of hearing. 6. Therefore, while keeping all other questions open since we find no reason to pass any further orders, we close the writ petition in view of the orders passed by the Government in G.O.Rt.No.165, dated 23-02-2008. 7. However, it could be seen that the proceedings of the Government were issued in the month of February, 2008. But, so far, the same have not been implemented. There is no obvious progress. Therefore, we direct the petitioner-Registrar, Osmania University, O.U. Campus, Hyderabad and respondent No.3- Secretary, Department of Higher Education, Hyderabad to initiate appropriate steps with utmost expedition on priority basis, preferably within a month from the date of receipt of a copy of this order. 8. In the result, this writ petition is closed, at the stage of admission, with the above observations and directions. No costs. ___________________ JUSTICE D.S.R.VARMA ___________________ JUSTICE K.C.BHANU 25th April, 2008. Ak ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{KURR}