HON'BLE SRI JUSTICE GHULAM MOHAMMED AND HON'BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL NO. 635 OF 2005 Between: The Acharya N.G. Ranga Agricultural University, and two others ………….Petitioners AND C. Venkata Reddy S/o Raj Reddy ………….Respondent JUDGMENT: (Per Hon'ble Sri Justice SANJAY KUMAR) Acharya N. G. Ranga Agricultural University and its constituents are in appeal aggrieved by the order dated 28.2.2003 passed in Writ Petition No. 23984 of 1995, whereby the University was directed to consider the case of the petitioner therein for grant of STPP-I Scale with effect from 1.4.1981 and STPP-II Scale with effect from 1.7.1986 and extend all consequential benefits to him, including arrears of salary. The respondent- writ petitioner, admittedly entered the service of the University on 1.11.1967 in the capacity of a Kamgar. Under G.O.Ms.No. 385, Food and Agriculture (Agri.V) Department, dated 9.3.1970, the Government of Andhra Pradesh directed re- designation of the categories of Demonstration Maistry in Andhra, Kamgar in Telangana and staffman in Soil Conservation as “Field Assistant”. Thereupon, the University issued proceedings dated 9.4.1970, referring to G.O.Ms.No. 385 dated 9.3.1970 and ordered the designation of the existing category of Demonstration Maistry, Assistant Fieldman and Kamgar, to be changed as “Field Supervisor”. Subsequent thereto, the Government of Andhra Pradesh under G.O.Ms.No. 359, Agriculture and Cooperation (Horti.) Department dated 13.4.1995 extended the benefit of Special Promotion Post I and II Scales to Field Assistants on completion of 15/22 years of service as was applicable to Sub- Assistant/Horticultural Officers. Claiming benefit under this G.O, the respondent- writ petitioner sought grant of SPP-I and II Scales. The same was denied by the University on the ground that his designation as a Field Supervisor would not be covered by the said G.O. The learned Single Judge disagreed with the construction sought to be placed by the University on this issue and held that the respondent-writ petitioner was entitled to the promotional scales upon completion of 15/22 years and ordered accordingly. Sri Durga Reddy, learned Standing Counsel for the University, contended before us that the order of the learned single Judge is unsustainable on facts as the respondent-writ petitioner was a Field Supervisor and not a Field Assistant. He further argued that the respondent-writ petitioner, even if eligible, would be entitled to the promotional scales only after completion of 15/22 years from the date of his designation as a Field Supervisor. The proceedings dated 9.4.1970 of the University clearly establish that the change of designation of the petitioner’s post was in consequence to G.O.Ms.No. 385 dated 9.3.1970. That being so, it is not open to the University to content that there is any distinction between the posts of Field Assistant and Field Supervisor. The claim of the respondent-writ petitioner cannot therefore be denied by the University on this ground. In so far as the aspect of computing the service for grant of the Scales is concerned, G.O.Ms. No. 359 dated 13.4.1995 indicates that the benefit earlier extended to Sub-Assistants and Horticulture Officers was given to Field Assistants also and such eligibility arose upon their completion of 15/22 years of service. The crucial aspect for reckoning the eligibility would therefore be the date of entry into the University Service and not the length of service rendered in the post after re-designation. The respondent- writ petitioner would therefore be entitled to the SPP-I and II Scales under G.O.Ms.No. 359 dated 13.4.1995 upon his completing 15 years and 22 years respectively in the service of the University. Taking into account the date of his initial entry into its service, the appellant University has to give effect to the G.O and sanction the scales to the respondent-writ petitioner as prescribed thereunder from the aforestated dates. The order of the learned Single Judge therefore does not warrant interference on any ground. The Writ Appeal is accordingly dismissed. There shall be no order as to costs. ________________________ GHULAM MOHAMMED, J _____________________ SANJAY KUMAR, J DATE: 12.09.2011 KA ... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. 2 CD copies.