IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE ELEVENTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.32145 of 1998 Between: 1 Dr. Y. Nageswara Rao, S/o. Venkata Subba Rao, Selection Grade Lecturer, Siddhartha College, Vijayawada. 2 Anne Vithal Rao, S/o. Venkatappaiah, Siddhartha College, Vijayawada. 3 J. Hanumantha Rao, S/o. Ranghavaiah, Siddhartha College, Vijayawada. 4 Anne Narasimha Rao, S/o. A. Venkatramaiah, Siddhartha College, Vijayawada. ... PETITIONERS AND 1 State of A.P., Rep. by its Secretary, Education Department (Higher Education) Secretariat Buildings, Hyderabad. 2 Commissioner of Collegiate Education, Government of Andhra Pradesh, Nampally, Hyderabad. 3 Regional Joint Director of Higher Education, Guntur. 4 Siddhartha College, Rep. by its Secretary & Correspondent, Vijayawada. ...RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a writ, order or direction especially one in the Nature of Mandamus: 1) to declare that the petitioners are entitled to count their entire service as Lecturers for the purpose of extension of the Career Advancement Scheme benefits and the inaction of the respondents in not counting their entire service as lecturers for the extension of the Career Advancement Scheme benefits as illegal, arbitrary and offends Articles 14, 16, and 21 of the Constitution of India; 2) compel the respondents to extend the Career Advancement scheme benefits as per G.O. Ms. No. 520, Education, dt: 15.12.1998 to the petitioners by counting their entire service as lecturers and grant all the consequential benefits; 3) declare G.O.Ms.No.41, Education, dt: 12.02.1998 as illegal, arbitrary and without jurisdiction and set aside the same 4) declare the A.P. Aided Degree Oriental and Junior Colleges Staff pension rules, 1993, issued in G.O. Ms. No. 2 Education Department, dt: 5.01.1994 which restrict grants of pension and pensionary benefits only to the aided service as illegal, arbitrary and offends articles 14, 16 & 21 of the Constitution of India; 5) direct the respondents to count the entire service of the petitioner as Lecturers irrespective of the fact whether service is aided or unaided for the purpose of pension and pensionary benefits as per A.P. Revised Pension Rules 1980; and 6) to grant such other relief or reliefs as this Hon'ble court may deem fit and proper in the circumstances of the case. Counsel for the Petitioners: Counsel for the Respondents: GP FOR HIGHER EDUCATION The Court made the following Order: This writ petition is filed by Sri V. Jogayya Sarma and Sri V. Venkata Rao, learned counsel, on behalf of the petitioners, seeking to declare the action of the respondents in not taking into account the services of the petitioners as lecturers, for the purpose of extending the benefit of career advancement scheme, as arbitrary and illegal. 2. As the learned counsel, who filed the writ petition on behalf of the petitioners, are no more, this court issued notice to the petitioners. However, the said notices were returned with an endorsement ‘no such person’. 3. During the pendency of the writ petition, Act, 26/2006 came into force, whereby financial liability of the State was limited, in the matter of extending the benefit of career advancement scheme, only for the period covered by grant-in-aid. In that view of the matter, no direction as sought for can be given in view of the subsequent developments after the writ petition is filed. 4. The writ petition is, therefore, dismissed. Needless to mention that petitioners are at liberty to question the said Act. No order as to costs. _____________________ R. SUBHASH REDDY, J. February 11, 2009 MRR