IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE FOURTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT APPEAL Nos. 717 AND 715 OF 2002 WRIT APPEAL NO : 717 of 2002 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 01/04/2002 in WA NO : 1187 OF 2002 on the file of the High Court.) Between: A.hari Prasanna W/o M.Dilip, Asst.Professor, R/o 1- 7-38, S.G.Puram, Tirupathi, Chittoor District. ..... APPELLANT AND 1 Sri Venkateawara University Through its Registrar at Tirupathi. 2 Sri Venkateawara University College of Arts and Science, Tirupathi through its Principal. 3 Sri Venkateawara University College of Engineering, Tirupathi. .....RESPONDENT(S) WRIT APPEAL NO : 715 of 2002 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 01/04/2002 in WA NO : 1220 OF 2002 on the file of the High Court.) Between: Dr. V Ravi Naidu, S/o V. Sidhama Naidu, Asst Director cum Lecturer, R/o Tiripathi, Chottor Dist. ..... APPELLANT AND 1 Sri Venkateawara University Through its Registrar at Tirupathi. 2 Directorate of Distance Education, Sri Venkateawara University Through its Registrar at Thirupathi. 3 Sri Venkateawara University College of Engineering, Tirupathi. .....RESPONDENT(S) Counsel for the Appellants: MR.K.RAGHUVEER REDDY Counsel for the Respondents: MR.KASAJAGANMOHAN REDDY The Court made the following : COMMON JUDGMENT: (Per Sri A. Gopal Reddy, J) The issue involved in both the writ appeals is one and the same. Therefore, these writ appeals were heard and disposed of together by this common judgment. The appellants who were transferred by the very same impugned order challenged the same unsuccessfully in Writ Petition Nos.1187 and 1220 of 2002, which were disposed of by a common order. Aggrieved by the same, they preferred the present appeals. The appellant in Writ Appeal No. 717 of 2002 Smt. A. Hari Prasanna is Assistant Professor and the appellant in Writ Appeal No. 715 of 2002 Dr. A. Ravi Naidu is Assistant Director-cum-Lecturer working in the respondent – University. Both of them were transferred to S.V.U College of Engineering, Tirupati by entrusting with the teaching work of B.Tech Classes in English at the said college. They have ﬁled the above writ petitions challenging the transfer orders passed by the University in proceedings E.No.11 (6)/2002, dated 04-01- 2002 stating that as per the minutes of the meeting held on 17-07-1995, the required number of teachers in each department will be drafted from out of the teachers of the erstwhile Engineering College in the respective departments to handle the course work in the SVU College of Engineering. The junior most staﬀ member of the erstwhile departments of SVU College of Engineering will be assigned the work. As and when any new incumbent is appointed into the respective departments, he will be assigned the course work of the Engineering College relieving the senior teacher wholly from his share of work load (including part time work). It is the case of the appellants that the University has not followed those guidelines in transferring them. In the counter ﬁled by the respondent – University, it is categorically asserted in para 6 that the junior most in the Department of English viz., Smt. P. Usha Rani has represented to the University that she has completely involved in her research work, which necessitated to transfer the petitioners as per the agreement of service executed by them as they are the junior most. The Committee based upon the workload decided that one lecturer was necessary for teaching English in Engineering College and one Sri M.R Ashok appointed on 10-10-1983 was assigned with the work. On amalgamation, Sri P. Yerram Reddy appointed on 3- 9-1979 along with the Sri Ashok who were earlier teaching English in Engineering College had become members of the English Department of Arts and Science College. When it came to assigning work, M.R. Ashok was chosen to teach English in Engineering College and P. Yerram Reddy, who was senior of the two was relieved of the same. In the same way, since teachers were to be assigned English teaching work in the Engineering College, the petitioners who are junior most teachers of the English Department were chosen. The same is strictly in accordance with the modalities approved by the department. Further, as per the agreements executed by the petitioners, it is clear that they have been engaged to serve as Lecturers in Sri Venkateswara University from 03-09-1992 subject to the terms and conditions speciﬁed therein. The Clause in one of the agreements also speciﬁes that the appellants will employ themselves in the performance of all such duties as are or may from time to time be assigned to their post by the oﬃcers and the authorities empowered in this behalf by the laws of Sri Venkateswara University and will bound by the provisions of the said laws for the time being in force. The learned single Judge after considering the agreement and the conditions speciﬁed therein and since the petitioners had been appointed to the University service and inasmuch as they have accepted the conditions of service by executing the respective agreements in favour of the University, held that they are bound by the contract terms of service and also estopped from contending otherwise relating to the same. Apart from the same, except pointing out certain of the guidelines and referring to the amalgamation, no other serious statutory infraction also had been pointed out and absolutely there are no changes in the service conditions and the appellants are in no way prejudiced by virtue of the impugned proceedings. Thus holding, the learned single Judge dismissed the writ petitions. Heard Sri K. Raghuveer Reddy, learned counsel for the appellants and Sri Kasa Jagan Mohan Reddy, learned counsel appearing for the respondent – University. Learned counsel for the appellants has not denied the fact that except accepting the request of Smt. Usha Rani who is prosecuting her Ph.D thesis, no other juniors have been continued in the service and the petitioners are the junior most available for teaching work of B.Tech Classes in English at S.V.U College of Engineering. In view of the same, no inﬁrmity is discernible in the transfer orders passed by the respondent – University and in the order of the learned single Judge dismissing the writ petitions. The writ appeals fail and they are accordingly dismissed. No order as to costs. A. GOPAL REDDY, J VILAS V. AFZULPURKAR, J 04-09-2008 ks ........REGISTRAR To 1 The Registrar, Sri Venkateawara University, Tirupathi. 2 The Principal, Sri Venkateawara University College of Arts and Science, Tirupathi. 3 Sri Venkateawara University College of Engineering, Tirupathi. 4 Two CD copies.