THE HON'BLE SRI JUSTICE G. CHANDRAIAH WRIT PETITION NO :9424 of 1999 Dated: 14.10.2011 Between: R. Sreenivasulu Naidu ..Petitioner And 1. Sri Venkateswara University rep., by its Registrar, Tirupathy and another. ..Respondents This Court made the following: THE HON'BLE SRI JUSTICE G. CHANDRAIAH WRIT PETITION NO :9424 of 1999 ORDER: This writ petition is filed seeking to issue a Mandamus (a) directing respondent No.1 to appoint the petitioner as Programme Co- ordinator, N.S.S. Bureau in the S.V. University, Tirupathy; and (b) directing the respondents not to proceed with the advertisement No.E1(6)/99, dated 1.4.1999 to fill up the post of Programme Co- ordinator, NSS Bureau in the S.V. University with any other person during pendency of the writ petition. On 30.4.1999 in W.P.M.P.No.11650 of 1999, this Court ordered that any appointment made shall be subject to result of the writ petition. On 17.6.1999, the writ petition was admitted. Thereafter, the petitioner filed WPMP Nos.11649 and 11650 of 1999 wherein the petitioner sought for a direction to the 1st respondent to consider his case for the post of programme co-ordinator and to continue him in the said post and also to direct the respondents not to appoint any other persons in accordance with advertisement No.E1/(6)/99, dated 1.4.1999 or otherwise. On 17.6.1999, this Court passed the following order in WPMP Nos.11649 and 11650 of 1999: “As per the guidelines issued by the Central Government, the post of Programme Co-ordinator can be filled up only by deputation from among the persons specified under clause 2.3 of the scheme. But, the University issued advertisement as if it is making direct recruitment to the posts. Except stating “temporary”, the entire advertisement gives an impression that the applications are invited to fill up the vacancies on permanent basis. As the very advertisement is deceptive, this Court inclined to stay the further proceedings. Mr. B. Adinarayana Rao, Senior Counsel for the Central Government, who is present in the Court is directed to file a counter how the scheme has been framed without promotional avenues to the staff working in the schemes for a number of years. Notice.” While so, the petitioner filed WPMP No.20359 of 1999 seeking to implead respondent No.5 i.e., Prof. G. Saibaba, Professor of Economics, S.V. University College of Arts & Sciences, Tirupathi, Chittoor District, as respondent No.5 in WPMP and WP. The same was ordered on 5.8.1999. Thereafter, the petitioner filed WPMP No.20606 of 1999 seeking to suspend proceedings No.E.I(6)/99, dated 27.7.1999 issued by the University, where under the petitioner, who was kept Incharge of N.S.S. Programme Co-ordinator, is relieved of his additional duties as N.S.S. Pragramme Co-ordinator with immediate effect. On 6.8.1999, this Court passed the following order therein: “In the light of the orders of the Ministry of Human Resources Development, Dept. of Youth Affairs and Sports, Government of India in Proceedings No.HRC/P-35/94/262, dated 30.7.1998, Prof. G. Saibaba, shall not fulfill the qualifications required for appointment to the post of Programme Co-ordinator. Admittedly, the petitioner was holding the full additional charge of the Programme Co-ordinator before he approached this Court and that this Court has no manner of doubt that the Vice Chancellor resorted to this action only as a matter of counter-blast. Accordingly, the impugned order is suspended and the petitioner shall be continued as incharge Programme Co- ordinator, until the writ petition is disposed of.” On 10.3.2000, this Court passed the following order: “By an order dated 30.4.1999 learned Single Judge of this Court passed order as: ‘Any appointment made shall be subject to result of the writ petition.’ By another order dated 17.6.1999, Justice B. Sri Atchutananda Swamy stayed further proceedings, which amounts to modifying the earlier orders dated 30.4.1999.” On 23.6.2000, this Court passed the following order: “The learned Counsel for the respondent-University brought to the notice that the notification issued on 1.4.1999 calling for the applications to fill up the post of Assistant Programme Co-ordinator is defective and the University intends to withdraw the same and issued a fresh notification. If that is the case, the University shall not issue any notification until the writ petition is disposed of.” On 15.3.2007, in WPMP NO.6965 of 2007, wherein the petitioner sought for a direction to the respondent to continue him as I/c. Programme Co-ordinator, N.S.S. Bureau after suspending the Proc.No.E-1(6)/2006, dated 9.10.2006 issued by the 1st respondent, passed the following order: “Accordingly, the impugned order is suspended and the petitioner shall be continued as Incharge Programme Co- ordinator, until the writ petition is disposed of. It is unfortunate to note that contrary to the said orders passed by this Court in WPMP NO.20606 of 1999, dated 6.8.1999, the 1st respondent-University issued the impugned orders dated 9.10.2006 appointing the 6th respondent as an Officer on special duty. Hence, the impugned order is suspended and the 1st respondent-University is directed to continue the petitioner as Incharge Programme Co-ordinator, until further orders of this Court.” In the main writ petition, the writ petitioner challenged the proceedings relating to advertisement No.E1(6)/99, dated 1.4.1999 issued by the University calling for applications from the eligible candidates for one post of N.S.S. Programme Co-ordinator (temporary) in N.S.S.Unit, S.V. University, Tirupathi in the pay scale of Rs.5770- 9260 (RPS-83). The case of the petitioner is that the respondent issued a circular No.3-NSS/Estt/88-89 dated 14.5.1989 inviting applications for the post of Assistant Programme Co-ordinator in the NSS Unit of S.V. University, Tirupathi in the scale of 700-1600 as per UGC norms “in the existing UGC Scales.” By that time, he was working as a Junior Lecturer in AGS Junior College, Tirupathy and he submitted his candidature to the above post. A selection committee headed by the Vice-Chairman of the University selected the petitioner to the above said post. The proceedings dated 2.6.1989 were issued appointing the petitioner as Assistant Co-ordinator in the scale of Lecturer as per UGC norms and posting him to National Service scheme, S.V. University, Tirupathy. Because of the said selection, the petitioner resigned to the post of Junior lecturer in the college so as to join as the Assistant Co-ordinator. Thereafter, the respondent-University issued termination orders dated 23.8.1991. Questioning the same, the petitioner filed W.P.No.10047 of 1991 and this Court issued a direction to continue the petitioner as Assistant Programme Co-ordinator through orders dated 12.9.1991 in WPMP No.14001/91 and 14002/91. Since then, the petitioner has been continuing as Assistant Co- ordinator. It is his further case that the Government of India through Ministry of Human Resources Development (Department of Youth Affairs and Sports) addressed the 1st respondent through a letter dated 26.12.1996 and conveyed the approval of competent authority to appoint him as Assistant Programme Co-ordinator, NSS, S.V. University, Tirupathy. After receiving the communication, the respondent-University asked the petitioner through letter dated 2.6.1997 to withdraw the writ petition No.10047 of 1991 and hence, the said writ petition was dismissed as withdrawn. But the petitioner was not paid arrears pertaining to the difference of scale of pay for all these 8 years in spite of series of his representations. It is further case of the petitioner that he was entrusted as full additional charge of programme co-ordinator in short spells more than 6 to 7 times for nearly a span of two years when the incumbent Dr. M.D. Narayan Naidu was retired on 30.6.1998. The petitioner was placed in full additional charge as Programme Co-ordinator continuously and latest being proceedings No.E1(6)/98, dated 21.10.1998. While so, the respondent-University issued the impugned proceedings seeking to fill up the post of Programme Co-ordinator, in which the petitioner was working. The respondents filed counter affidavit denying the averments in the writ petition. The interim orders passed by this Court from time to time reveal that by virtue of the said orders, the petitioner was working in the 1st respondent-University as Programme Co-ordinator, N.S.S.Bureau. The learned Counsel for the petitioner while placing before this Court copies of proceedings dated 5.1.2009, whereunder the petitioner was required to settle the advances, audit objections, if any and produce no objection certificate, and also the proceedings dated 19.6.2009 issued by the University retiring the petitioner as Programme Co-ordinator I/c N.S.S. Bureau, SVU Tirupathi, on attaining the age of superannuation on 30.6.2011, submitted that nothing survives for adjudication of the writ petition, but however, the respondents may be directed to settle the retirement benefits to the petitioner. Having regard to the submissions made by the learned Counsel for petitioner and in view of the fact that the petitioner was retired on attaining superannuation, I feel appropriate to direct the respondents to finalize the retirement benefits of the petitioner. Accordingly, the writ petition is disposed of directing the respondents to finalize retirement benefits of the petitioner and pay him, if not already paid, within a period of two months from the date of receipt of a copy of this order, in accordance with law. No order as to costs. __________________ Justice G. Chandraiah DATE: 14.10.2011 nn THE HON'BLE SRI JUSTICE G. CHANDRAIAH W.P.No.9424 of 1999 14.10.2011 Nn