THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.4041 of 2005 ORAL ORDER: This writ petition is filed seeking a Mandamus declaring the Letter No.99/556/77/Adm.1-2 dated 6.1.2005 issued by the respondent-University directing the petitioner to refund a sum of Rs.10,000/- to the University account as arbitrary, illegal and violative of principles of natural justice and consequently direct the respondent not to insist for the said amount since it was given to the petitioner as honorarium with a memento. It appears, petitioner is an Associate Professor, Department of Persian, University College of Arts and Social Sciences, Osmania University, Hyderabad. While so, he was deputed to Sardar Vallabhbhai Patel National Police Academy, Hyderabad from 5.8.2002 o 17.8.2002 to work as translator and interpreter for conducting course of ‘securing of evidence’ to Afghan Police Officers. It seems, at the end of training period, the services of the petitioner were appreciated and he was conferred with a Certificate along with a Memento and a sum of Rs.15,000/- as Honorarium for the services rendered by him. Subsequently, respondent University issued a letter dated 30.12.2002 asking the petitioner to refund a sum of Rs.10,000/- stating that as per University circular dated 8.3.1984, a Teacher is not permitted to accept more than Rs.5,000/- towards remuneration and since the petitioner had accepted the remuneration of Rs.15,000/-, the excess amount of Rs,10,000/- has to be refunded, accordingly sought recovery of the said amount. Aggrieved by the same, the present writ petition is filed. The learned counsel for petitioner strenuously contended that what was paid to the petitioner was not a remuneration. In view of the services rendered by the petitioner as Translator and Interpreter in the Academy and in appreciation of the same, he was conferred with a Certificate as well as Honorarium. Whereas, the learned counsel appearing for respondent University Mr.Deepak Bhattacharjee strenuously contended that petitioner is not permitted to accept more than Rs.5,000/- towards remuneration from other departments as per the rules of University. In fact, petitioner was paid his salary and additional remuneration of Rs.5,000/- is permissible, but whereas the petitioner has accepted Rs.15,000/-, therefore the excess amount of Rs.10,000/- has to be recovered from the petitioner, which cannot be said to be either arbitrary or illegal and in fact the same is in tune with the rules made by the University. I have given my earnest consideration to the respective submissions made by the learned counsel on either side and perused the impugned order and other material made available on record. A perusal of Certificate issued by Sardar Vallabhbhai Patel National Police Academy, Ministry of Home Affairs, Government of India, Hyderabad would itself show that the petitioner was given a memento and an amount of Rs.15,000/- as honorarium for the services rendered by him as translator and interpreter for the conduct of the course on ‘securing of evidence’ for Afghanistan Police Officers, held in the Academy from 5.8.2002 to 17.8.2002. Therefore, the amount paid to the petitioner cannot be treated as remuneration. The University has misconstrued the word ‘honorarium’ to that of ‘remuneration’. It is not the case of the University that the amount sought to be recovered has to be remitted back to the Academy. The purport of the impugned order seems to be that the excess amount shall be remitted back to the University’s account. This is not in tune with the Certificate conferred on the petitioner. The Academy wanted to give some honorarium in view of the services rendered by the petitioner. Such amounts cannot be recovered under the guise of remuneration. Therefore, passing the impugned order is arbitrary, illegal and liable to be set aside. Accordingly, the writ petition is allowed and the impugned order dated 6.1.2005 is set aside. No order as to costs. ____________ C.V.RAMULU, J Date: 12.2.2008 DA THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.4041 of 2005 12.2.2008 IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWELFTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO. 4041 of 2005 Between: Dr. S.M. Tanveeruddin S/o H. Syed Ismail Zabeehullah Shah Department of Persian, Arts College Osmania University, R/o House No. 20-6-240, Rooplal Bazar Shalibhanda, Hyderabad ..... PETITIONER AND Osminia University, rep by Registrar, Hyderabad .....RESPONDENT 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 Writ or direction preferably Writ of Mandamus declaring the Letter No. 99/556/77/Adm1-2, dt 06-01-2005, issued by the respondent directing the petitioner to revert back Rs.10,000/- to the University account is illegal, arbitrary contrary to record and violative of principles of natural justice and consequently direct the respondent not insist for the said amount since it was given to the petitioner as Honorarium with a Memento. Counsel for the Petitioner : Mr.KOWTURU VINAYA KUMAR Counsel for the Respondent : Mr.DEEPAK BHATTACHARJEE The Court made the following : To 1. The Registrar, Osmania University, Hyderabad. 2. Two CD copies.