HON’BLE SRI JUSTICE GHULAM MOHAMMED AND HON’BLE SRI JUSTICE C.V.RAMULU Writ Petition No.27173 of 2007 ORDER: (Per Hon’ble Sri Justice Ghulam Mohammed) This writ petition is ﬁled challenging the order dated 20-7-2007 passed in O.A.No.3041 of 2005 on the ﬁle of Andhra Pradesh Administrative Tribunal and the proceedings in Memo No.C4/21532/98 dated 29-01-2005 issued by second respondent. The petitioner seeks further declaration that he is entitled to the beneﬁt of AICTE pay scale of 1996 with eﬀect from 01-01-1996 notionally and monetary beneﬁt from 01-4-1999 with all consequential benefits. 2. The details relevant and necessary for deciding the writ petition are as follows: The petitioner was initially appointed as Typist in 1962 in the Department of Technical Education, promoted as U.D. Steno in 1978 and later transferred and appointed as Assistant Lecturer in Commercial Practice. While so, the post of Assistant Lecturer was re- designated as Associate Lecturer with eﬀect from 01-4-1981. The case of the petitioner is that on 30-9-2002, he had given option to be governed by AICTE Pay Scale of 1986 and accordingly his pay was ﬁxed vide proceedings dated 08-1-1999 issued by the Principal of Government Polytechnic, Nellore, and subsequently he had retired from service on 31-7-2000. Further, the Government issued G.O.Ms.No.72 Higher Education (TR.2) Department, dated 26-09-2002 adopting the pay scales revised by Pay Revision Commission and the pay scales were given with retrospective eﬀect from 01-01-1996 and monetary beneﬁt from 01-04-1999. It is further stated that the petitioner had been drawing the salary as per AICTE Pay Scales from the year 1986 onwards. 3. The petitioner earlier ﬁled O.A.No.2728 of 1991 seeking a direction to re-designate him as Lecturer and the same was disposed of with a direction to oﬃcial respondents to consider his representation to re-designate him as Lecturer, which was rejected vide Memo dated 27-12-1995. Thereafter, the applicant ﬁled O.A.No.4541 of 1998 and the same was dismissed vide order dated 02-01-2004. After the dismissal of O.A.No.4541 of 1998, it appears, petitioner had ﬁled another representation dated 01-12-2004 seeking AICTE scales. But, the same was also rejected by an order dated 29-1-2005 passed by second respondent. Questioning the same, the petitioner ﬁled the present O.A.No.3041 of 2005, which was dismissed on 20-7-2007 holding that the petitioner does not posses the qualiﬁcation laid down under the Rules. Challenging the same, this writ petition is filed. 4. Heard learned counsel for the petitioner as well as learned Government Pleader. 5. Learned counsel for the petitioner contended that the Tribunal has not given cogent reasons and the Tribunal has merely dismissed O.A. on the ground that the applicant does not possess the requisite qualiﬁcation. On the other hand, learned Government Pleader supported the impugned order. 6. We have considered the rival contentions and perused the record. Admittedly, the petitioner was appointed by transfer as Assistant Lecturer in Commercial Practice at Government Polytechnic, Nellore, on 21-08-1980 as he had satisﬁed the requisite qualiﬁcation of Bachelor Degree in Commerce with Shorthand and Typewriting higher grade as prescribed in G.O.Ms.No.67 LEN & TE Department, dated 05-2- 1980 and the post of Assistant Lecturer was re-designated as Associate Lecturer. It is to be noted that the petitioner’s appointment was by way of transfer and he was a graduate in commerce. The Government issued G.O.Ms.No.4 Education (T.E.) Department, dated 01-1-1998 read with G.O.Ms.No.580, Education (TE-2) Department, dated 03-12-1998 extending the beneﬁt of AICTE pay scales of 1986 to the teaching staﬀ in polytechnics. Pursuant thereto, the petitioner had opted for ﬁxation of his pay in terms of AICTE scales of pay of 1986, which was done, and accordingly, he was drawing the salary from 1986 onwards. The Government issued G.O.Ms.No.72 dated 26-09-2002 extending the beneﬁt of AICTE pay scales of 1996 to the teaching staﬀ in the polytechnics with effect from 01-01-1996 with monetary benefit from 01-4-1999. 7. It appears, the oﬃcial respondents sought to reject the claim of the petitioner on the ground that he does not possess requisite qualiﬁcation for holding the post of Associate Lecturer. The petitioner was appointed as Assistant Lecturer, which was re-designated as Associate Lecturer, on 21-8-1980 and he had also given option for fixation of his pay as per AICTE scales of pay, 1996. Further, the petitioner has exercised his option when he was in service in the year 1986 and 1996, which is not disputed, and discharged the duties of Associate Lecturer until he retired from service. Apart from this, the qualiﬁcation was prescribed in the year 2005, which is almost two decades after the appointment of the petitioner and ﬁve years after his retirement from service. In the foregoing circumstances, we are of the considered opinion that the petitioner is entitled to the beneﬁt of AICTE pay scales of 1996 in terms of G.O.Ms.No.72, Higher Education (TE-2) Department dated 26- 09-2002. 8. Accordingly, the writ petition is allowed and the impugned orders of the Tribunal and the second respondent are set aside. No order as to costs. ___________________________ GHULAM MOHAMMED, J. ___________________ C.V.RAMULU, J. 29-07-2008 bsc IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY NINETH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 27173 of 2007 Between: B. Madhusudana Reddy S/o late B. Pattabhi Reddy R/o Darga Mitta, Nellore. ..... PETITIONER AND 1 Government of A.P. rep by its Prl. Secrtry, Higher Education (Tech Education) Secretariat, Hyderabad. 2 Director of Technical Education, Government of A.P., 5th Floor, BRKR, Bhavan, Hyderabad. 3 The Principal Government Polytechnic (Boys) Venkateswara Puram, Nellore. .....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 particulalry one in the nature of Writ of Mandamus, declaring the order, dated 20-7-2007 in O.A. No. 3041 of 2005 passed by the A.P. Administrative Tribunal and proceedigns inMemo No. C4/21532/98 dated 29-1-2005 issued by the 2nd respondnet as illegal, arbitrary and violative of Art. 14, 16 and 21 of theConstitution of India andconsequently declare that the petitioner is entitled for the beneﬁt of AICTE pay scales of 1996 w.e.f. 01-01-1996 notionally and w.e.f 01-04-1999 monetarily with all consequential beneﬁts and pass such other order or orders as this Hon'ble Court deems ﬁt and proper inthe circumstancesof the case. Counsel for the Petitioner:MR.M.VIJAY KUMAR Counsel for the Respondent No.: GP FOR SERVICES I The Court made the following :