THE HON'BLE MR JUSTICE C V RAMULU Writ Petition No.25886 OF 2003 DT. 15.2.2011 Between: I.V.S. Lakshmi … Petitioner And The Director of Collegiate Education, Hyd and ors … Respondents Counsel for the Petitioner: Sri M V Krishna Mohan Counsel for respondent: Sri G P for Higher Education The Court made the following ORDER: THE HON’BLE SRI JUSTICE C V RAMULU WRIT PETITION No. 25886 of 2003 ORDER: This writ petition is filed seeking a mandamus to declare the action of the first respondent in not considering the orders of the second respondent in proceedings No. 3939/A2/2001 dated 7.3.2002 for payment of arrears of salaries of Record Assistant Scale from 1978 to 1990 as illegal and for a consequential direction to the respondents to release all the arrears of salary as per the proceedings of the second respondent dated 7.3.2002. In the letter addressed to the Director of Collegiate Education/first respondent herein, by the Regional Joint Director of Collegiate Education, Rajahmundry/second respondent herein, it is stated that on verification of the service register of the petitioner it is observed that she was appointed as Attender on 20.9.1975 by the management of Bapiraju Dharmasamstha in M.G. Junior College, Narayanapuram in the scale of Rs.70—135 and that she enjoyed the said scale from 20.9.1975 to 22.10.1990. However, in the audit report, she was admitted as Peon (attender) w.e.f. August, 1978 onwards due to surplus and same was communicated by the first respondent to the Principal, M G Junior College, Narayanapuram on 23.4.1982. Accordingly, she was allowed in the minimum time scale of Rs.290-425 (attender scale) with effect from July 1978 in RPS 1978 and Rs.740-1150 (attender scale) w.e.f. 1.7.1986 in RPS 1986. She was transferred as Record Assistant from M.G. Junior College, Narayanapuram to S.A.S Government Degree College, Narayanapuram as per Director’s proceedings Rc No. 5174/ICV/1/85 dated 26.8.1986 as she was identified as surplus and proceedings Rc No. 6301/B3/86 dated 20.10.1990 of the Regional Director of Collegiate Education, Rajahmundry. She was relieved on the afternoon of 22.10.1990 at M.G. Junior College, Narayanapuram and joined duty at S.A.S. Degree College, Narayanapuram on the forenoon of 23.10.1990 and from the date of joining her pay was fixed in the Record Assistant scale. The actual implementation of the orders admitting her as Attender from August, 1978 were communicated by the Director on 23.4.1992. Thus, the Regional Joint Director of Collegiate Education, Rajahmundry, requested the Director to kindly examine and issue necessary instructions for allowing Record Assistant scale from August, 1978 to 22.10.1990 to Smt I.V.Subbalakshmi, Record Assistant, SAS Government Degree College, Narayanapuram for the period from August, 1978 to 22.10.2990 for which she actually worked as Record Assistant even though she was drawn the scale of Attender. Learned counsel for petitioner also placed certain proceedings issued by the Director of Higher Education, A P, Hyderabad in Rc No.2260-IC-II-1/77 dated 9.12.1977 to show that the petitioner has been continuously working against the post of Record Assistant, which was substantive post. From this it is clear that she worked against a substantive post and not officiating post. In such circumstances, she is entitled for salary from August, 1978 to 22.10.1990 as Record Assistant and in spite of the recommendations made by the Regional Joint Director of Collegiate Education, she was denied the same, therefore the present writ petition is filed. However, in the counter affidavit it is stated that after filing of the writ petition, the case of the petitioner was rejected. From the facts narrated above, it is clear that the petitioner worked against a substantive vacancy of Record Assistant from August, 1978 till 22.10.1990 i.e., the date on which she was transferred to SAS Government Degree College, however, she was denied the salary attached to the said post, though the Regional Joint Director of Collegiate Education, after verification of the record recommended her case for consideration, same was not considered. In the circumstances, I am of the considered opinion that once the record shows that the petitioner was officiating a post of Record Assistant from August, 1978 till 22.10.1990, denying the salary attached to the said post is arbitrary and illegal. Therefore the writ petition is disposed of directing the respondents to reconsider the case of the petitioner in terms of the recommendations made by the 2nd respondent vide proceedings dated 7.3.2002 and pass appropriate orders as per law within a period of eight weeks from the date of receipt of copy of this order and communicate the same to the petitioner. Subject to above, the writ petition is disposed of. No costs. ______________ C V RAMULU,J DATE: 15.2.2010 TVK THE HON’BLE SRI JUSTICE C V RAMULU WRIT PETITION No. 25886 OF 2003 DATE: 15.2.2010