IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY THIRD DAY OF SEPTEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 2211 of 1996 Between: 1 M.K.Subba Rao, S/o. M.Krishnnaiah. Non-Teaching Technical Staff of 1st respondent University. Sri Venkateshwara University, Tirupathi, Chittoor. 2 P.Ramanjaneyulu, S/o. P.Rangappa. Non-Teaching Technical Staff of 1st respondent University. Sri Venkateshwara University, Tirupathi, Chittoor. 3 Y.Srinivasulu, S/o. chenchaiah. Non-Teaching Technical Staff of 1st respondent University. Sri Venkateshwara University, Tirupathi, Chittoor. 4 G.Giridhar Reddy, S/o. Srinivasulu Reddy. Non-Teaching Technical Staff of 1st respondent University. Sri Venkateshwara University, Tirupathi, Chittoor. 5 P.Venkateshwarlu, S/o. P.Sriramulu. Non-Teaching Technical Staff of 1st respondent University. Sri Venkateshwara University, Tirupathi, Chittoor. 6 C.Balakrishnaiah, S/o. C.Chengaiah. Non-Teaching Technical Staff of 1st respondent University. Sri Venkateshwara University, Tirupathi, Chittoor. 7 M.Sadasiva Reddy, S/o. M.Srinivasulu Reddy. Non-Teaching Technical Staff of 1st respondent University. Sri Venkateshwara University, Tirupathi, Chittoor. 8 C.Jaya raj, S/o. C.Samuel. Non-Teaching Technical Staff of 1st respondent University. Sri Venkateshwara University, Tirupathi, Chittoor. 9 T.Sambandam, S/o. T. Dhakshinamurthy Achari. Non-Teaching Technical Staff of 1st respondent University. Sri Venkateshwara University, Tirupathi, Chittoor. 10 C.Guruva Reddy, S/o. C.Venkata Reddy. Non-Teaching Technical Staff of 1st respondent University. Sri Venkateshwara University, Tirupathi, Chittoor. 11 P.Krishnaiah, S/o. P.Gangaiah, Non-Teaching Technical Staff of 1st respondent University. Sri Venkateshwara University, Tirupathi, Chittoor. 12 K.Balarami Reddy, S/o. K.Mutyalareddy. Non-Teaching Technical Staff of 1st respondent University. Sri Venkateshwara University, Tirupathi, Chittoor. 13 O.Kuppaiah Chetty, S/o. O.Rajachetty. Non-Teaching Technical Staff of 1st respondent University. Sri Venkateshwara University, Tirupathi, Chittoor. 14 B.Balakrishna Reddy, S/o. B.Venkatareddy. Non-Teaching Technical Staff of 1st respondent University. Sri Venkateshwara University, Tirupathi, Chittoor. 15 T.Shankaraiah Chetty, S/o. Venkatarathnamchetty, Non-Teaching Technical Staff of 1st respondent University. Sri Venkateshwara University, Tirupathi, Chittoor. 16 B.Satyanarayana Achary, S/o. B. Munirathnam Achary. Non-Teaching Technical Staff of 1st respondent University. Sri Venkateshwara University, Tirupathi, Chittoor. 17 M.Venkataramaiah, S/o. Subbarayulu. Non-Teaching Technical Staff of 1st respondent University. Sri Venkateshwara University, Tirupathi, Chittoor. 18 K.G.Shivalingam, S/o. Govinda Mudaliar. Non-Teaching Technical Staff of 1st respondent University. Sri Venkateshwara University, Tirupathi, Chittoor. 19 G.Balaji Singh, S/o. V.R.Gangaram Singh. Non-Teaching Technical Staff of 1st respondent University. Sri Venkateshwara University, Tirupathi, Chittoor. 20 C.Munaswamy Pillai, S/o. C.NarayanaSwamy, Non-Teaching Technical Staff of 1st respondent University. Sri Venkateshwara University, Tirupathi, Chittoor. 21 D.R.Satyanarayana, S/o. D.R.Ramaswamy. Non-Teaching Technical Staff of 1st respondent University. Sri Venkateshwara University, Tirupathi, Chittoor. 22 P.Giriappa, S/o. Giriappa. Non-Teaching Technical Staff of 1st respondent University. Sri Venkateshwara University, Tirupathi, Chittoor. 23 M.Subramanyam, S/o.Sukla Naidu. Non-Teaching Technical Staff of 1st respondent University. Sri Venkateshwara University, Tirupathi, Chittoor. 24 Kristam Subrahmanyam, S/o. K.Guravaiah. Non-Teaching Technical Staff of 1st respondent University. Sri Venkateshwara University, Tirupathi, Chittoor. 25 M.V.Panduranga Rao, S/o. M.R.Venkata Rao. Non-Teaching Technical Staff of 1st respondent University. Sri Venkateshwara University, Tirupathi, Chittoor. 26 N.Krishnnaiah, S/o. N.Muniramaiah. Non-Teaching Technical Staff of 1st respondent University. Sri Venkateshwara University, Tirupathi, Chittoor. 27 K.Prabhakar, S/o. K.LAkshmipathi. Non-Teaching Technical Staff of 1st respondent University. Sri Venkateshwara University, Tirupathi, Chittoor. 28 S.Ranga Rao, S/o. S.Narayana RAo. Non-Teaching Technical Staff of 1st respondent University. Sri Venkateshwara University, Tirupathi, Chittoor. 29 A.Narayana, S/o. A.Yellappa. Non-Teaching Technical Staff of 1st respondent University. Sri Venkateshwara University, Tirupathi, Chittoor. 30 A.Nagaraja, S/o. A.Pullaiah. Non-Teaching Technical Staff of 1st respondent University. Sri Venkateshwara University, Tirupathi, Chittoor. 31 Y.Kesava Reddy, S/o. Y.Pulla Reddy. Non-Teaching Technical Staff of 1st respondent University. Sri Venkateshwara University, Tirupathi, Chittoor. 32 P.Jayaram, S/o. P.Gangaiah. Non-Teaching Technical Staff of 1st respondent University. Sri Venkateshwara University, Tirupathi, Chittoor. 33 M.Adinarayana, S/o. M.K.Hanumantha Pillai, Non-Teaching Technical Staff of 1st respondent University. Sri Venkateshwara University, Tirupathi, Chittoor. 34 K.M.Satyanarayana Chetty, S/o. K.Garudappa. Non-Teaching Technical Staff of 1st respondent University. Sri Venkateshwara University, Tirupathi, Chittoor. 35 Kuragayala Subrahmanyam, S/o. K.Ramaswamy. Non-Teaching Technical Staff of 1st respondent University. Sri Venkateshwara University, Tirupathi, Chittoor. 36 A.Radhakrishnaiah, S/o. Sreenivasulu. Non-Teaching Technical Staff of 1st respondent University. Sri Venkateshwara University, Tirupathi, Chittoor. 37 N.Viswanadham, S/o. N.Gopalachary. Non-Teaching Technical Staff of 1st respondent University. Sri Venkateshwara University, Tirupathi, Chittoor. 38 K.Govardhana Chetty, S/o. K.Munirathnam Chetty. Non-Teaching Technical Staff of 1st respondent University. Sri Venkateshwara University, Tirupathi, Chittoor. 39 E.Subramanyam, S/o. Balaiah. Non-Teaching Technical Staff of 1st respondent University. Sri Venkateshwara University, Tirupathi, Chittoor. 40 M.Govindaswamy, S/o. Muniswamy. Non-Teaching Technical Staff of 1st respondent University. Sri Venkateshwara University, Tirupathi, Chittoor. 41 P.Nagaraja, S/o. Nagaiah. Non-Teaching Technical Staff of 1st respondent University. Sri Venkateshwara University, Tirupathi, Chittoor. 42 B.Ramachandrudu, S/o. B.Govindaswamy. Non-Teaching Technical Staff of 1st respondent University. Sri Venkateshwara University, Tirupathi, Chittoor. 43 D.V.Selvamani, S/o. D.Dorairaj. Non-Teaching Technical Staff of 1st respondent University. Sri Venkateshwara University, Tirupathi, Chittoor. 44 S.Lachi Naik, S/o. Make NAik. Non-Teaching Technical Staff of 1st respondent University. Sri Venkateshwara University, Tirupathi, Chittoor. 45 D.Gangaiah, S/o. Venkatesam. Non-Teaching Technical Staff of 1st respondent University. Sri Venkateshwara University, Tirupathi, Chittoor. 46 K.Chenga Reddy, S/o. K.Chenga Reddy Non-Teaching Technical Staff of 1st respondent University. Sri Venkateshwara University, Tirupathi, Chittoor. 47 G.Madankami Reddy, S/o. G.Krishna Reddy. Non-Teaching Technical Staff of 1st respondent University. Sri Venkateshwara University, Tirupathi, Chittoor. 48 V.Subbarethnam Chetty S/o. V.Venkatarathnam Chetty, Non-Teaching Technical Staff of 1st respondent University. Sri Venkateshwara University, Tirupathi, Chittoor. 49 Kalthireddy Subrahmanyam, S/o. K.Masthanaiah. Non-Teaching Technical Staff of 1st respondent University. Sri Venkateshwara University, Tirupathi, Chittoor. 50 A.Naggor, S/o. A.Krishnaiah. Non-Teaching Technical Staff of 1st respondent University. Sri Venkateshwara University, Tirupathi, Chittoor. 51 T.Venkatrayulu, S/o. T.Gangaiah. Non-Teaching Technical Staff of 1st respondent University. Sri Venkateshwara University, Tirupathi, Chittoor. 52 P.Somaiah, S/o. P.Appaiah. Non-Teaching Technical Staff of 1st respondent University. Sri Venkateshwara University, Tirupathi, Chittoor. 53 K.Murugaiah, S/o. K.Munaswamy. Non-Teaching Technical Staff of 1st respondent University. Sri Venkateshwara University, Tirupathi, Chittoor. 54 K.Munirathnam, S/o. K.Siddaiah. Non-Teaching Technical Staff of 1st respondent University. Sri Venkateshwara University, Tirupathi, Chittoor. 55 N.Rajaiah, S/o. N.Subbaiah. Non-Teaching Technical Staff of 1st respondent University. Sri Venkateshwara University, Tirupathi, Chittoor. 56 C.Kannaiah, S/o. C.Venkatrayulu. Non-Teaching Technical Staff of 1st respondent University. Sri Venkateshwara University, Tirupathi, Chittoor. 57 C.Doraswamy Reddy, S/o. C.Muniswamy Reddy. Non-Teaching Technical Staff of 1st respondent University. Sri Venkateshwara University, Tirupathi, Chittoor. 58 K.Subbaramaiah, S/o. K.Chengaiah. Non-Teaching Technical Staff of 1st respondent University. Sri Venkateshwara University, Tirupathi, Chittoor. 59 O.Venkateshwarlu, S/o. O.Krishnaiah. Non-Teaching Technical Staff of 1st respondent University. Sri Venkateshwara University, Tirupathi, Chittoor. 60 S.Munaswamy, S/o. S.Gangaiah. Non-Teaching Technical Staff of 1st respondent University. Sri Venkateshwara University, Tirupathi, Chittoor. 61 P.Gangulaiah, S/o. P.Chengaiah. Non-Teaching Technical Staff of 1st respondent University. Sri Venkateshwara University, Tirupathi, Chittoor. 62 M.Hanumanthachari, S/o. M.Bhaskaracharyulu Non-Teaching Technical Staff of 1st respondent University. Sri Venkateshwara University, Tirupathi, Chittoor. 63 T.Subbarami Reddy, S/o. T.Raghava Reddy. Non-Teaching Technical Staff of 1st respondent University. Sri Venkateshwara University, Tirupathi, Chittoor. 64 B.Gopalaraju, S/o.B.Chendhuraju. Non-Teaching Technical Staff of 1st respondent University. Sri Venkateshwara University, Tirupathi, Chittoor. 65 B.Subrahmanyam Reddy, S/o. B.Chenga Reddy. Non-Teaching Technical Staff of 1st respondent University. Sri Venkateshwara University, Tirupathi, Chittoor. 66 G.Munikrishnaiah, S/o. G.Chengaiah. Non-Teaching Technical Staff of 1st respondent University. Sri Venkateshwara University, Tirupathi, Chittoor. 67 A.J.John, S/o. A.James. Non-Teaching Technical Staff of 1st respondent University. Sri Venkateshwara University, Tirupathi, Chittoor. 68 Dr. M.Prabhakara Rao, S/o. M.Gundu Rao. Non-Teaching Technical Staff of 1st respondent University. Sri Venkateshwara University, Tirupathi, Chittoor. 69 Dr. E.Chandra Mouli, s/o. E.Kannaiah Reddy. Non-Teaching Technical Staff of 1st respondent University. Sri Venkateshwara University, Tirupathi, Chittoor. 70 T.Ananta Narayana, S/o. T.Lakshminarayana. Non-Teaching Technical Staff of 1st respondent University. Sri Venkateshwara University, Tirupathi, Chittoor. 71 D.K.,Srinivasa Rao, S/o. K.Nageshwara Rao. Non-Teaching Technical Staff of 1st respondent University. Sri Venkateshwara University, Tirupathi, Chittoor. 72 U.Venkataswamy, S/o. U.Venkaiah. Non-Teaching Technical Staff of 1st respondent University. Sri Venkateshwara University, Tirupathi, Chittoor. 73 K.Gajendra Reddy, S/o. K.Venkataswamy Reddy. Non-Teaching Technical Staff of 1st respondent University. Sri Venkateshwara University, Tirupathi, Chittoor. 74 V.B.Krishnaiah Chetty, S/o. Balaram Chetty. Non-Teaching Technical Staff of 1st respondent University. Sri Venkateshwara University, Tirupathi, Chittoor. 75 C.Ramamurthy, S/o. C.Chakravarthy. Non-Teaching Technical Staff of 1st respondent University. Sri Venkateshwara University, Tirupathi, Chittoor. 76 L.Munirathnam Naidu, S/o. L.Munaswamy Naidu. Non-Teaching Technical Staff of 1st respondent University. Sri Venkateshwara University, Tirupathi, Chittoor. 77 Y.Muni Reddy, S/o.Y.Rami Reddy. Non-Teaching Technical Staff of 1st respondent University. Sri Venkateshwara University, Tirupathi, Chittoor. 78 Smt. N.Lenaruth, W/o. B.Nagaraja. Non-Teaching Technical Staff of 1st respondent University. Sri Venkateshwara University, Tirupathi, Chittoor. 79 A.Sambasiva Reddy, S/o. A.Krishna Reddy. Non-Teaching Technical Staff of 1st respondent University. Sri Venkateshwara University, Tirupathi, Chittoor. 80 M.Subbaramaiah, S/o. M.Puttaiah. Non-Teaching Technical Staff of 1st respondent University. Sri Venkateshwara University, Tirupathi, Chittoor. 81 A.Venugopal, s/o. A.Seshaiah. Non-Teaching Technical Staff of 1st respondent University. Sri Venkateshwara University, Tirupathi, Chittoor. 82 K.Rama Chandraiah Chetty, S/o. K.Venkatrayulu Chetty. Non-Teaching Technical Staff of 1st respondent University. Sri Venkateshwara University, Tirupathi, Chittoor. 83 S.Rahman Sahib, S/o. S.Bashu Sahib. Non-Teaching Technical Staff of 1st respondent University. Sri Venkateshwara University, Tirupathi, Chittoor. 84 V.Chalapathy, S/o. V.Venkataiah. Non-Teaching Technical Staff of 1st respondent University. Sri Venkateshwara University, Tirupathi, Chittoor. 85 Dr. C.Nagaraju, S/o. C.Rama Raju. Non-Teaching Technical Staff of 1st respondent University. Sri Venkateshwara University, Tirupathi, Chittoor. 86 K.Purushothaman, S/o. S.Kannaiah. Non-Teaching Technical Staff of 1st respondent University. Sri Venkateshwara University, Tirupathi, Chittoor. 87 M.Krishnaiah, S/o. M.Venkatrayulu. Non-Teaching Technical Staff of 1st respondent University. Sri Venkateshwara University, Tirupathi, Chittoor. 88 E.Muni Reddy, S/o. E.Venkatareddy. Non-Teaching Technical Staff of 1st respondent University. Sri Venkateshwara University, Tirupathi, Chittoor. 89 V.Krishna Reddy, S/o. V.Venkata Reddy. Non-Teaching Technical Staff of 1st respondent University. Sri Venkateshwara University, Tirupathi, Chittoor. 90 C.Seshaiah, S/o. C.Venkatasubbaiah. Non-Teaching Technical Staff of 1st respondent University. Sri Venkateshwara University, Tirupathi, Chittoor. 91 E.Kamalanabhaiah, S/o.Venkataiah. Non-Teaching Technical Staff of 1st respondent University. Sri Venkateshwara University, Tirupathi, Chittoor. 92 V.Durga Chary, S/o. V.Koteshwara Rao. Non-Teaching Technical Staff of 1st respondent University. Sri Venkateshwara University, Tirupathi, Chittoor. 93 N.Balaramaiah, S/o. Chinnabba. Non-Teaching Technical Staff of 1st respondent University. Sri Venkateshwara University, Tirupathi, Chittoor. 94 V.R.Raj Bahdur Singh, S/o. S.R.Ratna Singh. Non-Teaching Technical Staff of 1st respondent University. Sri Venkateshwara University, Tirupathi, Chittoor. 95 K.Siddaiah, S/o. Venkataswamy. Non-Teaching Technical Staff of 1st respondent University. Sri Venkateshwara University, Tirupathi, Chittoor. 96 C.Ramakrishna Reddy, S/o. C.Gangi Reddy. Non-Teaching Technical Staff of 1st respondent University. Sri Venkateshwara University, Tirupathi, Chittoor. 97 M.Varadarajulu Pillaiah, S/o. M.Muniswamy Pillai. Non-Teaching Technical Staff of 1st respondent University. Sri Venkateshwara University, Tirupathi, Chittoor. 98 V.Bhima Rao, S/o. V.Babu Rao. Non-Teaching Technical Staff of 1st respondent University. Sri Venkateshwara University, Tirupathi, Chittoor. 99 G.Gangaiah, S/o. G.Chengaiah. Non-Teaching Technical Staff of 1st respondent University. Sri Venkateshwara University, Tirupathi, Chittoor. 100 S.Sankarachari, S/o. S.Kuppachari. Non-Teaching Technical Staff of 1st respondent University. Sri Venkateshwara University, Tirupathi, Chittoor. 101 D.Nadamuni Naidu, S/o. D.Perumal Naidu. Non-Teaching Technical Staff of 1st respondent University. Sri Venkateshwara University, Tirupathi, Chittoor. 102 B.Mogilaiah, S/o. B.Venkataiah. Non-Teaching Technical Staff of 1st respondent University. Sri Venkateshwara University, Tirupathi, Chittoor. 103 M.Siddiaiah, S/o. M.Perumal Naidu. Non-Teaching Technical Staff of 1st respondent University. Sri Venkateshwara University, Tirupathi, Chittoor. 104 K.Subrahmanyam, S/o. K.Kuppanaidu. Non-Teaching Technical Staff of 1st respondent University. Sri Venkateshwara University, Tirupathi, Chittoor. 105 J.Sivaramaiah, S/o. J.Obulaiah. Non-Teaching Technical Staff of 1st respondent University. Sri Venkateshwara University, Tirupathi, Chittoor. 106 S.Ramaiah, S/o. Venkataswamy. Non-Teaching Technical Staff of 1st respondent University. Sri Venkateshwara University, Tirupathi, Chittoor. 107 A.M.Pattabi, s/o. A.M.Kullappa. Non-Teaching Technical Staff of 1st respondent University. Sri Venkateshwara University, Tirupathi, Chittoor. 108 B.Krishnaiah, S/o. B.Venkatasubbaiah. Non-Teaching Technical Staff of 1st respondent University. Sri Venkateshwara University, Tirupathi, Chittoor. ..... PETITIONERS AND 1 The Registrar, Sri Venkateshwara University, Tirupathi, Chittoor. 2 The State of A.P., Rep. Principal Secretary, Secretariat, Education Dept., Hyderabad. .....RESPONDENTS 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 issue an appropriate writ or order or direction under Article 226 of the Constitution of India, particularly one in the nature of writ of Mandamus, directing the respondents herein to arrange for the payment of arrears of salary ie., difference of pay between the Tentative Pay and the revised scale of pay for the period of from 01/07/1986 to 31/03/1990 petitioners herein after calling for the records and to pass Counsel for the Petitioners: MR.PRATTIPATI VENKATESWARLU Counsel for the Respondent No1: MR.P.SREE RAMULU NAIDU Counsel for the Respondent No:2: The Government Pleader for Higher Education. The Court made the following : THE HONOURABLE SRI JUSTICE GODA RAGHURAM WRIT PETITION No. 2211 of 1996 ORDER: The 108 petitioners are Non-Teaching Technical staff of Sri Venkateshwara University, Tirupathi. The State Government constituted the 1986 P.R.C. whose report was accepted in G.O.Ms.No.288, Finance and Planning Department, dated 17.11.1986, revising the pay scales of the Government employees. University employees sought clarification, through their chairman in the matter of revision of their pay scales. The State Government there upon issued G.O.Ms.No.25, (F&P) Department, dated 11.02.1988, applying the revised pay scales to the employees of the University also with effect from 01.07.1986. However, Non-Teaching-Technical posts of the Universities were not covered by the benefits under G.O.Ms.No. 25, (F& P) Department, dated 11.02.1988. In order to consider the claim of this class of employees and those who do not have comparable posts in the Government services, a committee was constituted headed by Dr. T. Navaneetha Rao, to consider the revision of pay scales of the holders of Non-Teaching Technical posts in Universities in the State. Consequent on the recommendations of this Committee, which was constituted on 30.03.1988, the Government issued orders in G.O.Ms.No.287, (F&P) Department, on 03.12.1991, revising the pay scales of other classes of University employees also, with effect from 01.04.1990. Meanwhile, the petitioners were being given some stop-gap benefits, pending consideration of the recommendations of the Navaneetha Rao Committee. The petitioners have also derived the benefit of revised scales with effect from 01.07.1986 to 31.03.1990. The current grievance of writ petitioners is confined to the narrow area viz., the denial of the revision of pay scales benefit from 01.07.1986, as was given to Government employees under G.O.Ms.No.288, Finance and Planning Department on 17.11.1986 and to other University employees under G.O.Ms.No.25, (F&P) Department, dated 11.02.1998. The validity of the cut-off date specified in G.O.Ms.No.287 dated 03.12.1991 fell for the consideration of this Court earlier. The learned Single Judge of this Court rejected W.P.No. 2116 of 1996 filed by employees of Sri Krishnadevaraya University assailing the fixation of the cut-off date 01.04.1990 for extending the benefits of the revised pay scales to the non-teaching technical staff of Universities. On appeal, a Division Bench of this Court by the judgment dated 24.09.2002, allowed the Writ Appeal No. 21 of 2000 and directed implementation of the revised pay scales with effect from 01.07.1986 in favour of non-teaching technical staff of Universities also and on par with other employees. As against the Judgment supra, the State and the Krishnadevaraya University, carried the matter by way of Special Leave to Appeal (Civil) C.C.No.9735 of 2003, and by the judgment dated 17.11.2003, the Supreme Court dismissed the S.L.P. In the light of the Judgment of a Division Bench of this Court dated 24,09.2002 in W.A.No. 21 of 2000, and in view of the identity of facts and circumstances between the issues that fell for consideration by the Division Bench and those that fall for consideration in this writ petition, the present writ petition is allowed. The respondent-university is directed to extend the benefits of the revised pay scales in G.O.Ms.No. 287 (F &P) Department, dated 03.12.1991 to the petitioners with effect from 01.07.1986. The arrears of difference in salary and emoluments consequent on such revision shall be quantified and paid to the petitioners expeditiously, in any event, within four months from the date of receipt of a copy of this Court. No costs. _____________________ 23rd September, 2004 bud/pvsn That Rule Nisi has been made absolute as above. Witness the Hon’ble Sri Devinder Gupta, The Chief Justice on this Thursday, the Twenty Third Day of September, two thousand and Four. Assistant Registrar Copy to: 1.The Registrar, Sri Venkateshwara University, Tirupathi, Chittoor District,A.P., 2. The Principal Secretary, The State of A.P., Secretariat, Education Department, Hyderabad. 3. Two Copies to the G.P., for Higher Education, High Court Buildings, High Court of A.P., Hyderabad.(OUT) 4. Two C.D.Copies.