IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIFTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT PETITION No : 21752 of 2001 Between: D. Prabhavathi, W/o. K.Subbarayadu, R/o. Tirupathi. ..... PETITIONER AND 1 The Government of Andhra Pradesh, Rep by its Principal Secretary Higher Education Department, Secretariat, Hyderabad. 2 Sri Padmavathi Mahila Viswavidyalayam, Represented by its Registrar. Tirupathi. .....RESPONDENT(S) 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 a Writ, order or direction, more particularly one in the nature or Writ of Madamus, declaring the Proceedings No.1647/Estt/NT/C/2000, dt. 4-10.2000 and 26.9.2001 of the 2nd Respondent as arbitrary, discriminatory and illegal and consequently direct the second Respondent to re-fix the pay of the petitioner in the cadre of Assistant Librarian (UGC Scales) by protecting her last drawn pay i.e. Rs. 10250/- in the Scale of pay of Rs. 8,000-1,350/- in the lower cadre of Library Assistant with effect from 26-5-1999 with all consequential benefits monetary and other wise and pass such other order or orders as Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.V.JAGAPATHI Counsel for the Respondent No.: GP FOR SCHOOL EDUCATION The Court made the following : THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT PETITION No : 21752 of 2001 ORDER: The petitioner in this writ petition sought for issue of writ of mandamus declaring the proceedings dated 4.10.2000 and 26.9.2001 of the 2nd respondent as arbitrary, discriminatory and illegal and consequently direct the second respondent to re-fix the pay of the petitioner in the cadre of Assistant Librarian (UGC Scales) by protecting her last drawn pay i.e Rs.10,250/- in the scale of pay of Rs.8,000-13,500/- in the lower cadre of Library Assistant w.e.f 26.5.1999 with all consequential benefits, monetary and otherwise. The case of the petitioner is that she was initially appointed as Library Assistant and she joined in the 2nd respondent-University on 25.1.1980 and thereafter, she was appointed as Assistant Librarian by following the due process of law on 25.5.1999 in the scale of pay applicable to the said post against the back log vacancy. She was also placed on probation for a period of two years. She joined duty as Assistant Librarian on 26.5.1999 and since then, she was discharging duties as Assistant Librarian. Her services were regularized from the date of her appointment w.e.f 26.5.1999 and she has been declared as an approved probationer in the said cadre vide proceedings No.831/Estt/NT/C/2001, dated 18.8.2001. As per the cadre strength post of Assistant Librarian is the highest cadre in the Department of Library in the respondent-University. Her case is that prior to her appointment on 26.5.1999 as Assistant Librarian from the lower cadre of Library Assistant, she was getting the basic pay of Rs.10,250/- in the lower Cadre of Library Assistant in the State Pay Scale of Rs.6950/- to 14,425/- and her gross salary was Rs.13,088/-, as intimated to her vide proceedings Roc.No.883/RPS.1999/NT.Estt/C/2000 dated 18.7.2000. While so the 2nd respondent by proceedings No.1647/Estt/NT/C/2000, dated 04-10-2000 has re-fixed her basic pay at Rs.8825/- in the UGC pay scale of Rs.8,000- 13,500/- w.e.f 26.5.1999, and fixed her gross salary as Rs.12,311/- per month and thereby reduced her pay by Rs.777/- (Rs.13,088-12,311) w.e.f 26.5.1999 and she was communicated the proceedings dated 26.5.1999 re-fixing her scale of pay. Questioning the same, the petitioner filed the present writ petition. This Court by order 16.7.2002 granted the interim stay. Subsequently, the respondent issued the proceedings dated 22.8.2002 for stopping of recovery of Rs.671/- from the salary of the petitioner. Thereafter, on 27.8.2004, in response to the letter of the Registrar dated 16.8.2003 for rectification of anomaly on pay fixation in the cadre of Assistant Librarian, it was examined and accordingly, the Government agreed that the difference in emoluments be protected by treating it as personal pay due to promotion from lower post to higher post, till such emoluments are absorbed in future increments, so as to avoid loss of emoluments in higher post, and in the interest of natural justice as a special case, subject to condition that this cannot be quoted as precedent in future. Thereafter, the University has issued the proceedings dated 14.12.2004 for re-fixing the petitioner’s scale. Having not satisfied with the same, the petitioner on the ground that the anomaly that was there in the refixation of pay scale, made a representation to the University on 23.7.2001. Basing on which, the 2nd respondent-University addressed a letter in R.O.C.No.1647/Estt./NT/C/2008, dated 16.6.2008 to the first respondent Government stating that the post of Assistant Librarian in any University is the next higher cadre post to the Library Assistant, and that any promotion or appointment from the lower cadre to next higher cadre i.e. from the cadre of Library Assistant to Assistant Librarian, should confer advantage on any employee by way of emoluments. It is stated that contrary to the same, Smt. D.Prabhavathi (writ petitioner), who was appointed as Assistant Librarian from the cadre of Library Assistant is getting less emoluments that there are no other cases in the University of similar nature. Therefore, the University requested the Government to rectify the anomaly in the pay fixation of the petitioner in the cadre of Assistant Librarian. The learned counsel for the petitioner submits that as on the date of filing the writ petition in the process of re-fixing the scale of pay to the petitioner, the scale of the petitioner has been reduced scale, consequently, certain amounts were sought to be recovered. At that juncture, the petitioner filed the writ petition. Even in the subsequent proceedings that have been issued considering the case of the petitioner for re-fixing the scale of the petitioner, the anomaly has not been rectified. Therefore, the petitioner made a representation pending writ petition and considering the same, the 2nd respondent sent the proposal by proceedings dated 16.6.2008 to the 1st respondent Government and the said proposals are pending before the Government. Therefore, he submits that in the interest of justice the Government may be directed to consider the proposal sent by the University. On behalf of the University, a counter has been filed, wherein it is stated that the scale of pay has been fixed in terms of the Government orders in G.O.Ms.No.127, dated 20.8.2000, and it is also stated that the University has no objection to represent the matter to the State Government with regard to the anomaly pointed out by the petitioner. The learned Senior Counsel also submitted that the University also addressed letter dated 16.6.2008 to the Court in this regard and the same is pending. Having regard to the submissions made by the learned counsel for the petitioner and also in view of the stand taken by the University in its counter, I am of the view that, if the Government is directed to consider the case of the petitioner for rectifying the anomaly that occurred in fixation of the scale of the petitioner by considering the proposal dated 16.6.2008 sent by the University to the Government, it would to meet the ends of justice. Therefore, the writ petition is disposed of with the following direction:- The first respondent is directed to consider the proposal sent by the University vide R.O.C.No.1647/Estt./NT/C/2008, dated 16.6.2008 for rectifying the anomaly in the pay fixation of the petitioner in the cadre of Assistant Librarian and pass appropriate orders in accordance with the law, within a period of two months from the date of receipt of the copy of the order. Accordingly, the writ petition is disposed of. No costs. _____________________ Justice G. Chandraiah Date:05.08.2008 mrb