IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SIXTH DAY OF AUGUST TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 11941 of 1992 Between: B.Prasuna Kumari W/o.Vasantharao, aged 33 years, Lecturer R/o. Kavali, Nellore District ..... PETITIONER AND The Commissioner of Collegiate Education. Hyderabad, A.P. (Formerly Director of Higher Education, Hyderabad, A.P.) .....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 any appropriate writ, order or direction more particularly one in the nature of writ of mandamus by directing the respondent herein to treat the petitioner as a Lecturer in an aided post in the Department of English, Jawahar Bharathi, Kavali, from 1985 onwards and to pay the salary the increments and other benefits in accordance with the revised payscales of 1986 with effect from 1/1/1986. For the Petitioner: MR.M.V.S.SURESH KUMAR, ADVOCATE For the Respondent: GP FOR HIGHER EDUCATION The Court made the following : O R D E R This Writ Petition is filed by the petitioner seeking a direction to the respondent to treat the petitioner as a Lecturer in an aided post in the Department of English, Jawahar Bharathi, Kavali from 1985 onwards and to pay the salary, the increments and other benefits in accordance with the revised pay-scales of 1986 with effect from 1.1.1986. The grievance of the petitioner is that, though she was appointed as early as on 24.07.1982, and there are vacancies in aided posts of English Lecturers, the respondent has not treated her as an aided English Lecturer, but is treating her as unaided English Lecturer and, as such, she was constrained to approach this Court and filed Writ Petition No. 5530 of 1987 and this Court has passed an interim order in W.P.M.P.No. 7418 of 1987, dated 23.6.1987, directing the respondent to treat the petitioner as a Lecturer in the Department of English entitling to draw salary set apart for the aided post in the Department of English from October, 1985. It is the further case of the petitioner that subsequently the said writ petition was disposed of holding that no further orders are necessary in the writ petition in view of the detailed interim orders pronounced on 23.6.1987. However, according to the petitioner though she is entitled to be treated as an English Lecturer in an aided post, the respondent issued proceedings dated 30.11.1990 seeking her willingness to accept 1.10.1990 as the date of her admission into grant-in-aid. At that juncture, she was constrained to approach this Court and filed the present writ petition. Heard both the learned counsel. Admittedly, the petitioner was appointed as Lecturer in the Department of English on 24.7.1982 in Jawahar Bharathi College, Kavali, which is an aided college. Initially there were 12 Lecturers senior to her. By the time she was appointed, only 11 posts of Lecturers senior to her were admitted to grant-in-aid and as such she was paid salary from out of the tuition fees realized from the un-aided sections. Consequent upon the retirement of one Lecturer by name Madhav Rao in the year 1983, the petitioner is entitled to be absorbed in any newly sanctioned aided posts as and when any posts of Lecturer in the Department of English are admitted to grant-in-aid. By G.O.Ms.No. 527, dated 10.12.1984, three more posts of Lecturers in the Department of English were admitted to grant-in-aid and as such the petitioner as senior most should have been absorbed in the first vacancy of three posts which were admitted to grant-in-aid. Hence, this Court is of the view that the proceedings asking the petitioner to give willingness to be admitted to grant-in-aid only from the year 1990 is illegal and the respondent is directed to treat the petitioner as Lecturer in the Department of English in an aided post with effect from October, 1985. This writ petition is, accordingly, allowed. No costs. ______________ 26th August, 2004 vp Rule Nisi has been made absolute as above. Witness the Hon’ble Sri Devinder Gupta, the Chief Justice on this the Thursday the twenty sixth August, two thousand and four. Sd/- ASST. REGISTRAR To 1. The Commissioner of Collegiate Education, Hyderabad, A.P. 2. 2 C.Cs to Govt. Pleader for Higher Education, High Court Buildings, Hyderabad (OUT) 3. 2 C.D. copies.