Dr. I Shobha Rani, vs The Govt. Of Andhra Pradesh,
2021 Latest Caselaw 762 AP

     HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

             WRIT PETITION No.3339 OF 2021

ORDER:

This Writ Petition is filed under Article 226 of the

Constitution of India, declaring the action of the respondents

in not extending the benefits to the petitioners in the cadre of

the Professor, on par with other Professors, from the date of

their joining as Professors i.e., on 28.08.2018, declare the

same as illegal and arbitrary.

2. Heard learned counsel for the petitioners and the

learned Government Pleader for Medical and Health

appearing for the respondents.

3. It is stated that the petitioners were working as

Associate Professors at Government Homoeopathic Medical

College, Kadapa, Y.S.R. Kadapa District. The post Assistant

Professor has been changed and re-designated as Associate

Professor and as such the petitioners were working at Kadapa

as Associate Professors. As per their seniority and eligibility

the 1st respondent issued promotions vide G.O.Rt.Nos.403,

404 and 406, dated 28.08.2018 in their specialized fields of

Pathology & Microbiology and Forensic Medicine Toxicology

(Homoeopathy) respectively and posted to Dr.Allu

Ramalingaiah Government Homoeo Medical College,

Rajahmundry, East Godavari District. As per the letter

No.752/Estt.,/GHMC/2018-3, dated 06.09.2018 the

applicants have reported as Professors in the 3rd respondent

college and working there till date. As per G.O.Rt.No.270,

dated 06.07.2019 recounselling has been conducted and

posting has been issued to the petitioners and accordingly

they reported to duty and working as Professors. When the

respondents are not paying the salaries from the date of their

promotion on 28.08.2018, the petitioners got issued a legal

notice to the respondent and in reply to the same, the

2nd respondent vide Memo No.1163/C2/2017, dated

24.12.2019 instructed all the Principals to pay salaries to the

promotees from the date of their promotion as Professors from

28.08.2018, but the respondents did not implement the

same. Hence, the action of the respondents is illegal, arbitrary

and violative of principles of natural justice and requested to

issue appropriate direction to the respondents.

4. The main grievance of the petitioners is that their pay

and allowances were not paid in the cadre of Professor, since,

August, 2018.

5. It appears that the 3rd respondent is under the

impression that G.O.Rt.Nos.403, 404 and 406, dated

28.08.2018 were issued cancelling both the promotions as

well as transfers of the petitioners.

6. A perusal of G.O.Rt.Nos.403, 404 and 406, dated

28.08.2018 would clearly show that only the posting orders

issued and as per G.O.Rt.Nos.403, 404 and 406, dated

28.08.2018 transfers were cancelled and not the promotions

of the petitioners as Professors.

7. Now the petitioners approached this Court questioning

the inaction of the respondent authorities in not paying pay

and allowances to them since August, 2018 even though, they

have been carrying on duties as Professors.

8. Having regard to the facts and circumstances of the

case and considering the submissions, the 2nd respondent is

directed to pay the arrears of pay and allowances to the

petitioners on the basis of their posts as Professors, from

August, 2018 till date, after taking into account the payments

if any made to the petitioners in the interregnum period,

within a period of one month from the date of receipt of a

copy of the order. The 2nd respondent shall also ensure that

the petitioners are paid their salaries every month in the scale

of Professor, as failure would amount to violation of

constitutional guaranteed under Articles 21 and 300-A of the

Constitution of India vide Division Bench judgment of this

Court in Smt.Dinavahi Lakshmi Kameswari vs. State of

Andhra Pradesh1

9. With the above direction, the writ petition is disposed of.

No costs.

As a sequel thereto, interlocutory applications, if any

pending shall stand closed.

_________________________________________ JUSTICE M.SATYANARAYANA MURTHY

Date: 11.02.2021

IS

2020 (5) ALT 77

HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

WRIT PETITION No.3339 OF 2021

Date: 11.02.2021

IS