THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No.24089 OF 2006 Dated 3rd April 2008 Between: D.A. Rama Rao …Petitioner and The Andhra University, Rep.by its Vice-Chancellor, Visakhapatnam And another. …Respondents THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No. 24089 OF 2006 O R D E R: The petitioner was employed in the year 1986, as a Junior Assistant, in the Institute for Coastal and Offshore Research (INCOR), established by the Andhra University, the 1st respondent herein. The Institute was closed in the year 1989. The petitioner and 59 other employees of the INCOR had approached this court, by filing W.P.No.2024 of 1989. The writ petition was disposed of, through judgment dated 9.4.1991, directing the respondents herein, to frame a scheme for employing the petitioners therein, against suitable posts. The steps to be taken, till the selection process is concluded, were also indicated. Not being satisfied with the relief granted in the writ petition, the petitioner and other employees filed W.A.No.846 of 1991. A Division Bench of this court had affected certain modifications, particularly, in the context of making payment of consolidated pay, till they are absorbed into the service of the University. The respondents filed Civil Appeal No.3971 of 1993, before the Hon’ble Supreme Court. Through its judgment dated 13.8.1993, the Hon’ble Supreme Court had set aside the judgment of the Division Bench and upheld the judgment rendered in the writ petition. As required under the judgment in W.P.No.2024 of 1989, the University constituted a Screening Committee. The case of the petitioner was also considered by interviewing him on 8.12.1994. Vide order dated 5.1.1995, the petitioner was informed that he was not found suitable. The same was reiterated in proceedings, dated 18.10.2005, when the petitioner submitted a representation dated 19.8.2005. One year thereafter, the respondents issued proceedings, dated 14.2.2006, informing the petitioner that the reply given to him, on earlier occasion, would hold good. The petitioner assails the action of the respondents, in not absorbing him into the service of the University. On behalf of the respondents, a detailed counter affidavit is filed, narrating the developments that have taken place, ever since the INCOR was closed. The petitioner had appeared as party-in-person and submitted written arguments. Heard the petitioner and learned Standing Counsel for the respondents. The case of the petitioner was considered, way back in the year 1995, after the proceedings assumed finality, with to the disposal of the SLP by the Hon’ble Supreme Court. The petitioner was informed that he was not selected by the Screening Committee. For one reason or the other, the petitioner did not choose to assail the communication, dated 5.1.1995. Except reiterating their stand at subsequent stages, the respondents did not alter their position. This court finds it difficult to reopen the proceedings that have taken place in the year 1995. One significant development that has taken place in favour of the petitioner is that pursuant to the interim orders passed by this court on 19.2.2007 in W.P.M.P.No.33621 of 2006, the respondents have considered the case of the petitioner, and vide proceedings dated 8.3.2007, they have appointed the petitioner as Record Assistant. Therefore, the grievance of the petitioner stands redressed. The petitioner contends that he is entitled to be absorbed as Junior Assistant from 1995, and be extended the relief of arrears of salary. When his candidature was considered and rejected through a written communication, the question of treating him as Junior Assistant, much less, directing the respondents to pay the arrears of salary, does not arise. Now that the petitioner has been appointed as Record Assistant, he shall be treated as having been appointed under the scheme, from the date of his appointment, and he shall be extended the benefits of a regular employee. The writ petition is accordingly disposed of. There shall be no order as to costs. _______________ 3rd April 2008 PAN