IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) SATURDAY, THE EIGHTEENTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 208 of 2007 Between: Dr. M. Inayath-Ur Raman S/o Mohd Siddiqui Osmina University, Hyderabad. ..... PETITIONER AND 1 The Osmania University rep by its Registrar, Osmania university Hyderabad 2 The State of A.P., rep by its Principal Secretary Department of Higher Education Secretariat Building, Hyderabad. .....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 rule nisi calling for records leading unto and inclusive of passing of the impugned order bearing No. 423/MR/363/73/Admn.II dt 22- 12-2006 passed by the 1st respondent university and quash the same by issuing and appropriate Writ order or direction more particularly in the nature of Certiorari, consequently direct the 1st respondent University to extend all the benefits of fixation of payment of arrears, promotions, in pursuance of the earlier Resolutions of the Executive Council and pass such other order or orders as this Hon'ble Court may deem think fit & proper in the circumstances of the case. Counsel for the Petitioner: PARTY-IN-PERSON Counsel for the Respondent No.: MR.DEEPAK BHATTACHARJEE WRIT PETITION NO : 3867 of 2006 Between: Dr. M. Inayathur Rahman, S/o. Mohd. Siddqui, R/o. Moghalpura, Hyderabad. ..... PETITIONER AND The Osmania 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 a writ, order or direction particularly one in the nature of Writ of Mandamus declaring that the impugned order of the respondent issued vide memo No. MR-10/363/73/I-1, dated 6-1-2006, is arbitrary, illegal and in violation of Article 14 of the Constitution of India in as much as the petitioner is entitled for promotion and re-designation as Reader and Professor in Geography Department of Osmania University, without facing any interview before selection committee as per GO Ms.No. 169, dated 7-7-90, Consequently this Hon'ble Court may be pleased to direct the respondent to re-designation the petitioner as Reader/Professor of Department of Geography in Osmania University, at the same time awarding the senior scale and selection committee which is not required vide GO Ms.No. 169, dated 7-7-90, and pass any other order or orders as deemed fit and proper under the circumstances of the case in the interest of justice Counsel for the Petitioner: PARTY-IN-PERSON Counsel for the Respondent No.: MR.DEEPAK BHATTACHARJEE The Court made the following : COMMON ORDER: 1. The petitioner in these two writ petitions is one and the same and he is Dr.Md.Inayath-ur-Rahman. He was appointed as Cartographic Assistant in the department of Geography on 21.3.1979. The documentation officer in the department of political science/public administration, Cartiographic Assistant in the Department of Geography and certain other posts in various departments were sanctioned scale of pay of Rs.300-600 during the IV plan by the University Grants Commission. The petitioner made a request to give the scale of documentation Officer of Public Administration that was later revised and brought on par with that of a Lecturer. The Executive Council of the University referred the matter to the State Government since the grant of scale involves financial implications and it needs concurrence of the State Government. The State Government negatived the proposal sent by the Osmania University vide letter No.3617/NE-1.2/98-6, dated 3.3.1999. Thereupon, the petitioner filed W.P.No.15854 of 1999. The said writ petition came to be disposed of on 3.4.2003. The relevant portion of the order reads as under: “ Evidently, the posts of Cartograhic Assistant in the Department of Geography and Technical Assistant posts in the Department of Economics, History, Psychology and Documentation Officers for the Department of Public Administration and Political Science, etc., which were sanctioned during IV Plan by the University Grants Commission were merged in normal budget with effect from 1975-76. When the revision of pay scales during different years was extended to the post of Cartographic Assistant and the Documentation Officer and when the University has implemented its decision in respect of Mr.D.Satyanarayana and Sri.K.Illaiah by upgrading their posts as Lecturers, revised and re-fixed their pay extending the benefit of U.G.C. scales from time to time, without referring it or seeking approval of the government, the same benefit should have been extended to the petitioner also. Therefore, the action of the respondents in referring his case to the Government, taking shelter under Sec.49 of the A.P. Universities Act, is discriminatory, illegal and violative of Articles 14 and 21 of the Constitution of India. Moreover, it is not brought to the notice of the court either by way of counter or submissions of the learned Standing Counsel for the University whether matching grant is required from the Government to get its approval for extension of the benefit as contemplated under section 49 of the A.P. Universities Act, for extension of the benefit to the petitioner. Having regard to the facts and circumstances of the case, I am thoroughly satisfied that the action of Government is discriminatory in not adopting the general instructions issued by the Government in their letter No.1004/2/84-4 Education (Z) Department dated 16.11.1984 in favour of the petitioner, by which the benefit was extended to Mr.D.Satyanarayana and Mr.K.Illaiah. Therefore, impugned order being illegal and discriminatory, is liable to be set aside. Therefore, the rule is made absolute and there shall be a writ of mandamus to the respondents to revise and re-fix the pay of the petitioner by awarding UGC scales of pay on par with Mr.D.Satyanarayan and others, as recommended by the 1st respondent in his letter No.MR-08/58/199/Admn.1-2, dated 24.1.1998 with all attendant benefits flowing there from including arrears thereof. This exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order. No order as to costs.” 2. The Osmania University represented by its Registrar and the State of Andhra Pradesh represented by its Secretary, Education Department filed W.A.Nos.649 and 876 of 2003 assailing the order dated 3.4.2003 passed in W.P.No.15854 of 1999. The writ appeal filed by the State Government ended in dismissal and whereas the writ appeal filed by the University came to be allowed in part. The University sought for concurrence of the Government to revise and fix the pay of the petitioner by awarding UGC pay scale on par with D.Satyanarayana, Documentation officer vide letter dated 2.6.2003. The Government keeping in view the orders passed in the writ appeal permitted the University to revise and refix the pay of the petitioner by awarding UGC pay scale on par with D.Satyanarayana and others. Pursuant to the permission granted by the Government, the University issued orders dated 5.2.2005 awarding UGC pay scale to the petitioner vide proceedings No.MR-2/363/73(S) Estt.3. The relevant portion of the proceedings reads as under: “ The Government of Andhra Pradesh has examined the matter in view of the Hon’ble High Court orders in W.P.No.15854 of 1999 and issued its concurrence for awarding of UGC pay scales to Dr.Mohd Inayath-ur-Rahman on par with Sri.D.Satyanarayana, Documentation Officer and others with all attendants benefits flowing there from including arrears thereof, subject to the condition that the University shall meet the expenditure in this regard from the existing Block Grant only. In anticipation of the approval of the Finance Committee/ Executive Council, the Vice-Chancellor has therefore accorded sanction for award of UGC Pay Scales to Dr.Mohd Inayath-ur-Rehman, Cartographic Assistant, Department of Geography, University College of Science, OU, as follows: 1. Award of UGC Pay Scale of Rs.700-1300 with effect from 30- 3-1979 i.e. from the date of his joining as Cartographic Assistant. 2. Award of UGC Pay scale of Rs.700-1600 notionally with effect from 1.4.1980 and with monetary benefit with effect from 16-11- 1984.” 3. The University also issued proceedings dated 15.2.2005 indicating that the petitioner is entitled to all the attendant benefits flowing there from including arrears thereon in terms of the Government letter dated 25.9.2004. The petitioner filed WPMP.No.3679 of 2005 in W.P.No.15854 of 1999 seeking clarification of the order-dated 3.4.2003 passed in W.P.No.15854 of 1999. The said petition came to be disposed of on 1.4.2005. The relevant portion of the order reads as under: “ It is also apt to note that the University by order No.7759/411/1980 Admn.II dated 26.11.1983 re-designated certain posts in various departments as Lecturers in the scale of Rs.700-1600 which includes Public Administration Department and Department of Economics, Osmania University. Thus, it is evident that for promotion as Lecturer, the incumbent need not necessarily face Lecturer Selection Committee, suffice it to say if they are in the UGC scale of pay of Rs.700-1600. It is also not out of place to mention that the Government by letter dated 1004/2/844 Education (Z) Department dated 16.11.1984, the pay scale of documentation Officer has been upgraded to that of lecturers i.e. Rs.700 –1600. It is also already observed in the judgment dated 3.4.2003 passed in the above writ petition the documentation Officer of the Public Administration and Political Science were revised and brought on par with that of the lecturer. Having regard to these facts and circumstances, the contention of the learned Standing Counsel for Osmania University that since the petitioner has not faced the Lecturer Selection Committee, he cannot be treated on par with Mrs.Manisha Mukherjee and others, cannot be sustained. Consequently, it is ordered and clarified that the petitioner is also entitled to all the benefits such as seniority, promotions and arrears of pay, to be drawn and paid, on par with Mrs.Manisha Mukherjee. It is further ordered that these orders shall be implemented within a period of six weeks from the date of receipt of a copy of this order.” 4. The University under proceedings No.MR-88/363/73/ Estt.III, dated 19.8.2005 accorded sanction for re-designation of the petitioner as Cartographic Assistant-cum-Lecturer, Department of Geography, University College of Science, OU pending ratification by the Executive Council. The Executive Council in its 82nd meeting held ion 20.9.2005 ratified the action taken by the Vice Chancellor of the University in issuing proceedings dated 19.8.2005 re-designating the petitioner as Cartographic Assistant-cum-Lecturer. The University filed W.A.No.1852 of 2005 assailing the order dated 1.4.2005 passed in WPMP.No.3679 of 2005 in W.P.No.15854 of 1999. The said writ appeal came to be disposed of keeping in view the order dated 19.8.2005 passed by the University. The petitioner submitted a representation claiming re-designation of his post i.e. Cardiographic Assistant as lecturer from the date of his appointment. He came to be treated as a lecturer w.e.f. his acquiring the post graduation qualification in December, 1987 and accordingly he came to be awarded the pay scale of Assistant Professor under Career Advancement Scheme w.e.f. 1.12.1995. The University directed him to apply for further promotion as per the procedure laid down in the guidelines vide letter No.MR-10/363/73/1-1, dated 6.1.2006. He filed W.P.No.3867 of 2006 assailing the action of the University in not re- designating his post as Lecturer from the date of his initial appointment. For better understanding of the grievance of the petitioner the relief sought for in W.P.No.3867 of 2006 needs to be extracted and it is thus: “ That this Hon’ble Court may be pleased to issue a writ, order or direction more particularly one in the nature of writ of mandamus declaring that the impugned order of the respondent issued vide memo No.MR-10/363/73/I-1, dated 6.1.2006 is arbitrary, illegal and in violation of Article 14 of the Constitution of India in as much as the petitioner is entitled for promotion and re-designation as Reader and Professor in Geography Department of Osmania University, without facing any interview before selection committee as per G.O.Ms.No. 169, dated 7.7.90. Consequently, this Hon’ble court may b epleased to direct the respondent to re-designate the petitioner as Reader/professor of Department of Geography in Osmania University, at the same time awarding the senior scale and selection grade without compelling him to face any interview before selection committee which is not required vide G.O.Ms.No.169, dated 7.7.90 and pass any other order or orders as deemed fit and proper under the circumstances of the case in the interest of justice.” The University accorded sanction for award of Senior scale Rs.3000- 5000 w.e.f. 1.12.1995 under CAS UGC RSP-1986 basing on the recommendation of selection committee vide proceedings No.423/MR/363/73/Admn.III, dated 22.12.2006. He also filed W.P.No.208 of 2007 assailing the proceedings of the University dated 22.12.2006 where under he has been re-designated as Cardiographic Assistant/Lecturer/Assistant Professor w.e.f. 1.12.1987 i.e. the date of his obtaining P.G. degree and awarded senior scale w.e.f. 1.12.1995. 5. The University filed counters in both the writ petitions. It is suffice to refer the counter affidavit in W.P.No.3867 of 2006. It is stated in the counter affidavit that the petitioner has no right to seek promotion directly as a Professor and instead he has to apply for the notified post and face the selection committee duly constituted in terms of Section 49 of A.P. Universities Act, 1991 and UGC guidelines. For claiming the post of Professor he shall have to first apply for the post of Lecturer (Senior Scale) and after becoming Lecturer, he shall become eligible for award of Associate Lecturer selection grade subject to fulfilling of conditions enunciated in G.O.Ms.No.208 Higher Education UEILI Department, dated 29.6.1999. After becoming Associate Professor, he shall become entitle to apply for the post of Professor subject to fulfillment of all conditions of promotion to the post of Professor as referred to in G.O. dated 29.6.1999. It is further stated in the counter affidavit that the petitioner did not appear before the selection committee, but submitted a letter dated 21.11.2005 making certain allegations. To be eligible for the post of Assistant Professor (senior scale)/Assistant Professor (Selection Grade), he has to fulfill all the conditions laid down under the UGC guidelines and G.O.Ms.No.208, dated 29.6.1999. A detailed order has been passed in compliance of the directions in W.A.No.1852 on 6.1.2006. The petitioner’s post of Cardiographic Assistant was re-designated as Cardiographic Assistant cum Lecturer and UGC scale has been allowed. He is, however, not entitled to any other promotion without facing the selection committee. It is further stated in the counter affidavit that G.O.Ms.No.169, dated 7.7.1990 was mainly issued for the teachers in Government and private aided colleges and whereas G.O.Ms.No.208, dated 29.6.1999 is issued mainly for the teachers in Universities and its constituent colleges. 6. The petitioner also placed on record a common reply affidavit. It is stated in the reply affidavit that he appeared before the selection committee for Reader/Associate Professor and that he was promoted as Associate Professor vide O.U. Order No.M.R.857/84/2006/Admn.II-1, dated 25.5.2007, but the University had not granted all the attendant benefits such as seniority, award of senior scale of pay w.e.f. 1.4.1980 and award of Reader/Associate Professor w.e.f. 1.4.1993 and further promotion of Professor from 1.4.1998 as per the Career Advancement Scheme, and not paid the difference of salary etc. from 1979 onwards. He asserted in the reply affidavit that he possessed requisite qualifications as prescribed by the University at the time of his appointment in the year 1979. 7. Heard the party in person and learned Standing Counsel appearing for the Osmania University. 8. The petitioner contends that he is entitled to the benefit of Career Advancement Scheme and thereby his position is to be upgraded from time to time and in which case his upgraded position as on this day would be as Professor. He further contends that his case is to be considered for senior scale of lecturer (selection grade) as per G.O.Ms.No.169, dated 7.7.1990. In a way his contention is that his position since initial appointment is to be equated to that of a Lecturer and further promotions in accordance with the procedure stipulated in G.O.Ms.No.169, dated 7.7.1990. He took me to the writ petitions filed by him and the orders passed thereon by this Court and various proceedings initiated by him. 9. Learned Standing Counsel appearing for the respondent-University submits that the petitioner did not possess the qualification of Post Graduation as on the date of his appointment as Cartiographic Assistant and he acquired the P.G. qualification in the year 1987 and since that date he has to be treated as a Lecturer and further promotions are to be considered in accordance with Career Advancement Scheme introduced by the UGC. He would also contend that the case of the petitioner for upgradation of his post from time to time is to be considered as per the procedure for Career Advancement Scheme which has been has been detailed in G.O.Ms.No.208, dated 29.6.1999. 10. Before dwelling deep into the rival contentions of the parties, I deem it appropriate to note the facts which are not in dispute. 11. The petitioner joined in service as Cartiographic Assistant in the Department of Geography on 25.3.1979. He acquired P.G. in the year 1987, M.Phil in the year 1988 and Ph.D in the year 1993. The government issued G.O.Ms.No.169, dated 7.7.1990 granting senior scale and selection grade to the lecturers in Government and private aided degree colleges under Career Advancement Scheme. The Government also issued G.O.Ms.No.208, dated 29.6.1999 extending U.G.C. scales under the Scheme of Revision of Pay Scales 1996. A detailed procedure has been stipulated for upgradation of the post of Lecturer under Career Advancement Scheme. 12. The petitioner claims senior scale w.e.f. 1.4.1980, Associate Professor w.e.f. 1.4.1993 and Professor w.e.f. 1.4.2001. 13. The core question involved in these writ petitions is - whether the petitioner is governed by G.O.Ms.No.169, dated 7.7.1990 or G.O.Ms.No.208, dated 29.6.1999? 14. The petitioner is a University teacher. It is specifically stated in G.O.Ms.No.169, dated 7.7.1990 that so far as the University teachers are concerned the University will have its own screening committee and adopt its own procedure based on their status etc. For better appreciation I may refer para 6 and 7 of the said G.O., which reads as under: “ 6. These orders will also apply to the following: i) Lecturers in Oriental colleges; ii) Lecturers in College of Education including comprehensive colleges of Education; iii) Physical Educational Personnel and Librarians in the Government Degree colleges, Private Aided Degree Colleges, College of Education and Oriental Colleges. 7. So far as the University teachers are concerned, the University concerned will have its own Screening Committee and adopt its own procedures based on their statutes etc. and give the University teachers the senior scale of selection grade or the designation of ‘Reader’ as the case may be.” By reading the above paras of the above G.O.Ms.No.169, dated 7.7.1990, I am in no doubt to conclude that the said G.O. is not applicable to the University teachers. G.O.Ms.No.208, dated 29.6.1999 is in respect of teachers of Universities and Colleges. Detailed procedure has been stipulated for upgradation of the post of lecturer under career advancement scheme. Para 5 of the procedure reads as under: 5.CAREER ADVANCEMENT (1) Lecturer (i) Minimum length of service for eligibility to move into the grade of Lecturer (Senior Scale) would be four years for those with Ph.D., five years for those with M.Phil, and six years for others at the level of Lecturer, and for eligibility to move into the Grade of Lecturer (Selection Grade) Reader, the minimum of length of service as Lecturer (Senior Scale) shall be uniformly five years. (ii) For movement into grades of Reader and above, the minimum eligibility criterion would be Ph.D. Those without Ph.D. can go up to the level of Lecturer (Selection Grade). (iii) A Reader with a minimum of eight years of service in that grade will be eligible to be considered for appointment as a Professor. (iv) The Selection Committee for Career Advancement shall be the same as those for Direct Recruitment for each category. (v) The existing scheme of Career Advancement for non-academic staff namely, Assistant Director of Physical Education, Assistant Librarian would continue. (2) LECTURER (SENIOR SCALE) A Lecturer will be eligible for placement in a senior scale through a procedure of selection, if she/he has: (i) Completed 5 years of service after regular appoi9ntment with relaxation of one year and two years, respectively for those with M.Phil. and Ph.D. (ii) Participated in one orientation course and one refresher course of approved duration, or engaged in other appropriate continuing education programmes of comparable quality a may be specified or approved by the University Grants Commission. (Those with Ph.D. degree would be exempted from one refresher course). (iii) Consistently satisfactory performance appraisal reports. (3) LECTURER (SELECTION GRADE) Lecturers in the Senior Scale who do not have a Ph.D. Degree or equivalent published work, and who do not meet the scholarship and research stands, but fulfill the other criteria given above for the post of Reader, and have a good record in teaching and, preferably, have contributed in various ways such as to the corporate life of the institution, examination work, or through extension activities, will be placed in the Selection Grade, subject to the recommendations of the Selection Committee which is the same as for promotion to the post of Reader. They will be designated as Lecturers in the Selection Grade. They could offer themselves for fresh assessment after obtaining Ph.D. and/or fulfilling other requirements for promotion as Reader and, if found suitable, could be given the designation of Reader. (4) READER (PROMOTION) A Lecturer in the Senior Scale will be eligible for promotion to the post of reader if she/he has: (i) Completed 5 years of service in the Senior Scale. (ii) Obtained a Ph.D. degree or has equivalent published work; (iii) Made some mark in the area of scholarship and research as evidenced e.g., by self-assessment, reports of referees, quality of publications, contribution to educational innovation, design or new courses and curricula and extension activities. (iv) (v) After placement in the Senior Scale participated in two refresher courses/summer institutes of approved duration, or engaged in other appropriate continuing education programmes of comparable quality as may be specified or approved by the University Grants Commission, and (vi) Possesses consistently good performance appraisal reports. Promotion to the post of reader will be through a process of selection by a Selection Committee to be set up under the Statutes/Ordinance of the concerned University or other similar Committees set up by the appointing authorities. (5) PROFESSOR (PROMOTION) In addition to the sanctioned positions of Professors, which must be filled in through direct recruitment through all India advertisements, promotions maybe made from the post of Reader to that of Professor after 8 years of service as Reader. The Selection Committee for promotion to the post of Professor should be the same as that for direct recruitment. For the promotion from Reader to Professor, the following method of promotion may be followed. The candidate should present herself/himself before the Selection Committee with some of the following:- a) Self-appraisal reports (required). b) Research contribution/books/articles published. c) Any other academic contributions. The best three written contributions of the teacher (as defined by her/him) may be sent in advance to the Experts to review before coming for selection. The candidate should be asked to submit these in 3 sets with the application. d) Seminars/Conferences attended. e) Contribution to teaching/academic environment/ institutional corporate life. f) Extension and field outreach activities. Note.1: The requirement of participation in orientation/refresher courses/summer institutes, each of atleast one to 4 weeks duration, and consistently satisfactory performance appraisal reports, shall be mandatory requirement for Career Advancement from Lecturer to Lecturer (Senior Scale) and from Lecturer (Selection Grade). Wherever the requirement of orientation/refresher courses has remained incomplete, the promotions would not be held up but these must be completed by the year 2000. Note.2: The requirement for completing these courses would be as follows: i) For Lecturer to Lecturer (Senior Scale) one orientation course would be compulsory for University and College teachers. Those without Ph.D. would be required to do one refresher course in addition. ii) Two refresher courses for Lecturer (Senior Scale) to Lecturer (Selection