Telangana High Court
Dr. Vinay Kumar Died As Per Lrs vs The State Of Telangana on 3 June, 2024
Author: Surepalli Nanda
Bench: Surepalli Nanda
IN THE HIGH COURT OF TELANGANA AT HYDERABAD
WRIT PETITION No. 24063 OF 2019
And
WRIT PETITION No.11994 OF 2020
Between:
Dr.Vinay Kumar (died per L.Rs) & others
... Petitioners
And
The State of Telangana & others
... Respondents
JUDGMENT PRONOUNCED ON : 03.06.2024
THE HON'BLE MRS JUSTICE SUREPALLI NANDA
1. Whether Reporters of Local newspapers : Yes
may be allowed to see the Judgment?
2. Whether the copies of judgment may be : Yes
marked to Law Reporters/Journals?
3. Whether Their Lordships wish to : Yes
see the fair copy of the Judgment?
____________________
SUREPALLI NANDA, J
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THE HON'BLE MRS JUSTICE SUREPALLI NANDA
WRIT PETITION No. 24063 OF 2019
And
WRIT PETITION No.11994 OF 2020
% 03.06.2024
Between:
# Dr.Vinay Kumar (died per L.Rs) & others
... Petitioners
And
$ The State of Telangana & others
... Respondents
< Gist:
> Head Note:
! Counsel for the Petitioners : Mr. D.Linga Rao
^ Counsel for Respondents : GP for Services-II
? Cases Referred:
1. W.P.No.18205 of 2014
2. (1997) 2 U.J.SC.402
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HON'BLE MRS JUSTICE SUREPALLI NANDA
WRIT PETITION No. 24063 OF 2019
And
WRIT PETITION No.11994 OF 2020
COMMON ORDER:
Heard learned counsel D. Linga Rao, appearing on
behalf of the Petitioners and the learned Government
Pleader for Services-II appearing on behalf of the
Respondents.
2. The petitioners approached the court seeking prayer
as under:
"To issue a Writ of Mandamus declaring the
proceedings in Rc. No. 15270/D3/2015 dated 18.09.2019
issued by the respondents on the alleged ground the
petitioners are now working on Foreign Deputation in
Rajeev Gandhi Institute of Medical Sciences with no fault of
them while considering their juniors who are working as
Assistant Professors in Medical Colleges under Director of
Medical Education from 2009 onwards as illegal arbitrary
unjust and in violation of Articles 14, 16 and 21 of the
Constitution of India and contrary to Rule of seniority and
rule of promotion and set aside the same and holding that
the petitioners are entitled to be considered for Career
Advancement Scheme Pay scales and Promotional Avenues
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including the promotion of Associate Professors and
Professors in their respective specialty on par with other
similarly situated employees working as Assistant
Professors in Medical Colleges under Administrative Control
of Director of Medical Education Hyderabad with all
consequential benefits duly holding the action of the
respondents in rejecting the claim of the petitioners for
Career Advancement Scheme Pay scales and promotional
avenues including promotions to the post of Associate
Professors and Professors".
3. During the pendency of the present writ petition the
1st Petitioner died and Petitioner Nos.4, 5 and 6 are
brought on record as LRs of the deceased Petitioner No.1
as per Court Order dated 23.08.2022 in I.A.No.1 of 2022.
The 4th Petitioner is the wife of the deceased 1st Petitioner
and 5th and 6th Petitioners are the children of deceased 1st
Petitioner.
4. The case of the Petitioner in W.P.No. 24063 of 2019
in brief as per the averments made in the affidavit filed by
the Petitioner in support of the present writ petition is as
under :
a) Petitioners 1 to 3 are working as Assistant Professors in
the Department of Ophthalmology, ENT and Orthopedics in Rajiv
Gandhi Institute of Medical Sciences, Medical College, Adilabad,
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ever since its inception. Petitioners while working as Civil
Assistant Surgeons in A.P.V.V.P District Hospital, Adilabad on
deputation and at the time of Conversion of District Hospital,
Adilabad into R.I.M.S. all the doctors were given an option to
work in R.I.M.S. Hospital, on deputation.
b) The petitioners opted to work in R.I.M.S. Medical College,
Adilabad and were informed that being the Civil Surgeon their
file would be circulated to Department of Health, A.P.V.V.P and
Director of Medical Education. Further, the petitioners were
informed that, after surrendering their services, their work order
in R.I.M.S would be issued to them.
c) The Head of Department for CAS/Assistant Professors
cadre i.e., Respondent No. 2 issued appointment orders to the
petitioners as Assistant Professors on Foreign Deputation for 3
(Three) years, despite the petitioners never opting for Foreign
Deputation and the same was brought to the notice of Director
of Medical Education and to the Director of R.I.M.S.
d) The names of the petitioners were included in the seniority
list published by the 2nd respondent and their names were also
included in the tentative list of D.M.E. Employees in terms of
A.P. Re-organisation Act, 2014.
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e) Further, the names of the petitioners were also shown in
the "revised and re-fixed provisional Seniority list of teaching
faculty working under D.M.E" at SL. No. 165, 94(A) and 123(A)
as per the judgment dated 19-10-2010 of Hon'ble Supreme
Court of India for implementation of G.O.Ms. No. 325, dated
05.06.1999 and the names of the petitioners were also included
in tentative list of State Cadre Employees of Director of Medical
Education Department published vide Notification No.
378/SRI/A1/2015-21 dated 25-1-2016.
f) The Government issued orders vide G.O.Ms.No. 425,
according permission to the 2nd Respondent to revert to Civil
Surgeon Specialists/Dy. Civil Surgeons of the District Hospitals
of Adilabad and Srikakulam Districts as Civil Assistant Surgeons
and absorbed as Assistant Professors/Tutors in teaching in
R.I.M.S, Adilabad and Srikakulam Districts w.e.f. 02-05-2008
with the condition that their lien would not be maintained in
parent department.
g) However, the above relief was not granted to the
petitioners, and the petitioners made a representation to the 2nd
Respondent on 15-02-2019 with regard to denial of the benefits
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and to issue necessary order to that effect and the same is
pending.
h) The pay scales of the petitioners as per the orders in
G.O.Ms. 816 Health, were to be revised from Rs.15,600 to
Rs.39,100/- and that the pay scales of the petitioners shall be de-
linked from the State Government Pay Revision Commission and
will be linked to U.G.C Scales, whenever they are ready.
i) The above revision in pay scales has been further clarified
by the Government vide G.O.Ms. No. 127 dated 24.04.2008 and
were further confirmed in G.O.Ms. 216, dated 17.06.2008
extending the U.G.C scales to doctors working in the cadre of
D.M.E./A.D.M.E/Principals of Medical Colleges/Superintendents of
Teaching Hospitals.
j) The petitioners were not only denied the above mentioned
benefits, but the Transport allowance were also denied which
were sanctioned by the Government under G.O.Ms. 78, dated
31.03.2010.
k) Even though they have been deputed to R.I.M.S Adilabad,
they are being denied of the extended benefits when compared
to the similarly situated persons.
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l) The Petitioners aggrieved by the non-consideration of their
claims approached this Court earlier through W.P. No. 8075 of
2019, wherein this Court disposed of the said Writ Petition
directing the respondents to consider the petitioners'
representation, dated 15.02.2019.
m) Following the orders, the petitioners have submitted their
representation on 03-09-2019 to the respondents. The
Respondents have replied vide Rc. No. 15270/D3/2015 to the
petitioners that the Director of Medical Institutions while
preparing the tentative list of doctors have erroneously included
the names of the petitioners 1 to 3 and that their names were
finally deleted from the list of DME Employees and the same was
informed to the Government, as the petitioners were working
under foreign deputation in DME Scheme and that they were not
regular DME employees and that they were employees of
Telangana Vaidya Vidhana Parishad.
n) The petitioners' removal from DMR Employees has not
been communicated to them and no notice has been served on
them and also that the 2nd Respondent should have forwarded
their representation to the Government, as he was not the
competent authority to adjudge on the issue.
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o) The deletion of the petitioners' names from the seniority
list is done with the intention to frustrate the just clause of that
the 2nd respondent developed grudge against them.
p) The Petitioners services deputation to another department
is treated as equivalent to the service in the present department
and they relied on the judgment of Hon'ble Supreme Court in
1969 SLR 346.
q) The action of the respondents in neither absorbing as
Assistant Professors on permanent basis in RIMS Medical
College, Adilabad nor extending the benefits of Career
Advancement Scheme to the post of Associate Professors and
professors keeping in view the lien vide Rc.No.15270/D3/2015,
dated 18.09.2019 is wholly arbitrary, illegal and violation of
Articles 14, 16 and 21 of the Constitution of India. Hence, this
writ petition is filed.
5. Heard learned counsel D. Linga Rao, appearing on
behalf of the Petitioners and the learned Government
Pleader for Services-II appearing on behalf of the
Respondents.
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6. The Petitioner filed the present W.P.No. 11994 of
2020 seeking prayer as under :
"To issue a Writ of Mandamus declaring the action of
the respondents in seeking to retire the petitioners from
service of the 4th respondent with effect from the date on
which they attain the age of fifty eight 58 years
considering the petitioners as Civil Assistant Surgeons on
foreign deputation Without extending the superannuation
age of 65 years on par with the similarly situated doctors
working in Teaching cadre in Government Medical and
Dental Colleges and Hospitals in Telangana as being
arbitrary illegal unjust discriminatory Contrary to the
provisions of the A.P. Public Employment Regulation of Age
of Superannuation Act, 1984 as amended from time to
time and in violation of Articles 14 and 16 of the
Constitution of India and consequently hold that the
petitioners are entitled to be continued in service up to the
age of Sixty Five 65 years with all consequential benefits
on far with doctors working in Teaching cadre in
Government Medical and Dental Colleges and Hospitals in
Telangana State in terms of G.O. Ms. No. 37, dated
24.07.2019 ".
PERUSED THE RECORD :
7. G.O.Ms.No.425, dated 11.12.2008 issued by the 1st
respondent, reads as under:
"In the reference 1st read above the Director of Medical
Education, Hyderabad has issued a Circular inviting options
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from the Doctors working under the control of Directorate
of Health and Commissioner, A.P. Vaidya Vidhana Parishad
to work in the Semi-autonomous Institutions at RIMS,
Adilabad, Kadapa and Srikakulam on deputation basis. As
per the relevant Act, the Doctors, who opted for deputation
in the institution shall continue to draw their own scale of
pay and allowances, the teaching faculty appointed on
direct recruitment shall be offered the consolidated
remuneration per month on contract basis with certain
perks without any reference to pay scales and pension, if
any. In response to the above circular, certain Dy.Civil
Surgeons and Civil Surgeon Specialists have submitted
their options to work in RIMS, Adilabad and Srikakulam.
Accordingly, they have submitted their letters of
undertaking accepting the terms and conditions of Semi-
Autonomous Act that though they are above the level of
Asst. Professors, they have to be reverted as Civil Assistant
Surgeon (CAS) and to be taken to the teaching side as
Tutor / Assistant Professor and the pay will be fixed in the
cadre of Assistant Professor without any pay protection in
the cadre of Civil Surgeon Specialist and Dy Civil Surgeon
as the case may be, and they have to stand their chance
for promotion to the post of Associate Professor in their
turn, and they have requested for the suitable post at
RIMS, Adilabad and Srikakulam.
2. The Director of Medical Education while enclosing the
letters of undertaking of the following Civil Surgeon
Specialists and Deputy Civil surgeons of District Hospitals
of Adilabad and Srikakulam, has requested to revert them
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back as Civil Assistant Surgeons and absorb them as
Assistant Professors/ Tutors in RIMS, Adilabad and
Srikakulam from 2.5.2008 the date on which they have
submitted their declaration forms to the Medical Council of
India, so that these Civil surgeon Specialists and Dy. Civil
Surgeons will not become juniors as Asst. Professors to the
Civil Assistant Surgeons, who are working in the same
Institutions, as they have already been absorbed by
Director of Medical education and designated as Assistant
Professors at RIMS, Adilabad and Srikakulam.
ADILABAD
1. Dr. Baliram Chitke, M.S. C.S.S.
2. Dr.Sushma Bhoos Reddy. M.D. C.S.S.Dist. Hospital
3. Dr. M.Rama Krishna Raju, D.G.O. D.C.S.
4. Dr.Mohd Idris Akbam. M.S. C.S.S.
5. Dr Sandeep Pawar, M.D. C.S.C.
6. Dr. K.Ashok, M.S. C.S.S.
7. Dr. K.Ashirvadham, DCH. C.S.S.
SRIKAKULAM
8. Dr. M.V.Lakshmana Kumar. C.S.S.
9. Dr. K.Sunil Naik, C.S.S.
10 . Dr. T.Sasikala, C.S.S.
11. Dr. D.Parvathi, C.S.S.
12. Dr. Ch. Shanta Ram, C.S.S.
13. Dr. M.Sarada, D.C.S.
14. Dr. T.V.Ramana Rao, D.C.S.
3. Government after careful examination of the matter,
hereby accord permission to Director of Medical Education
to revert the above Civil Surgeon Specialists/Dy.Civil
Surgeons of the District Hospitals of Adilabad and
Srikakulam Districts, as Civil Assistant Surgeons and
absorb them as Assistant Professors/Tutors in teaching
side in RIMS, Adilabad and Srikakulam w.e.f. 02.05.2008
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the date on which they have submitted their declarations
to the M.C.I., subject to the condition that their lien will
not be maintained in their parent department.
4. The Director of Medical Education/Director of
Health/Commissioner, A.P.V.V.P., Hyderabad shall take
necessary action in the matter accordingly."
8. The proceedings dated 18.09.2019 vide RC
No.15270/D3/2015, reads as under:
"With reference to the subject cited, Dr. Vinay
Kumar, Dr.P.Satyanarayana and Dr.L. Thippaswamy Naik
working as Assistant Professor in RIMS, Adilabad have filed
W.P vide in the reference 2nd cited with a plea that, to
direct the respondents to consider extending the benefit of
Career Advancement Scheme Pay Scales and Promotional
Avenues including promotion of Associate Professors in
their respective Specialty before any of the Juniors working
in the Medical Colleges under the Director of Medical
Education, Hyderabad are considered on the basis of Letter
dated 15.02.2019 and to pass such order or orders as this
Hon'ble Court may deem fit and proper in the
Circumstances of the case.
The Hon'ble High Court has passed the following
orders dated 21.08.2019 in W.P. No.8075 of 2019
"Directing the respondents to consider the representation
submitted by the petitioners on 15.02.2019 and pass
appropriate orders in accordance with law within a period
of eight weeks from the date of receipt of a copy of this
order" The writ petition is disposed of. No order as to
costs.
In this connection, the three (03) petitioners have
submitted representations dated 15.02.2019 wherein, to
extending the benefit of Career Advancement Scheme pay
scales to them since, they are working in RIMS, Adilabad
from 2008. The matter have been examined as per rules
and provisions. The following facts submitted that, the
DME has given foreign service deputation as per
G.O.Ms.No.10, Finance & Planning, dated 22.01.1993 vide
Rc.No 21350/DME (Acad.), /2008, dated 10.07.2008,
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21841 / DME (Acad.)/2008, dated 10 07.2008 and 21846/
DME (Acad.)/2008, dated 10.07.2008 to the above doctors
as Assistant Professors to RIMS, Adilabad for a period of 3
years and kept at the disposal of the Director, RIMS,
Adilabad, and also as per letter no. RIMS / 129/Plg, dated
18.07.2008. They were observed w.e.f.17.07.2008 working
as Assistant Professor in RIMS, Adilabad and they
submitted their option forms to the Telangana Government
during the reorganization/bifurcation of united state of A.P.
The request of the petitioners for maintaining of lien is
pending with Director of Public Health and Family Welfare,
Telangana, Hyderabad and also as per letter No. RIMS /
129/ Plg, dated 18.07.2008.
The Director of Medical Education, Telangana,
Hyderabad has prepared tentative list of doctors who are
working under the control of DME at the time of
bifurcation. The above three (03) doctors name were also
included in the tentative list finally their names were
deleted from the list of DME employees list and their
names were erroneously mentioned in DME list and the
same was also informed to Government, as they were
working under foreign deputation in DME side from the
Telangana Vaidya Vidhana Parishad since, they were not a
regular DME employee. They are the employees of
Telangana Vaidya Vidhana Parishad,
The RIMS, Adilabad vide Rc.No.E1/754/1/2016,
Dated 09.06.2016 has forwarded the representations of
the individuals for extension of their deputations to fulfill
the norms of the Medical Council of India as well as for
smooth running of the institution due to shortage of
faculty. The DME has also submitted proposal for extension
of deputation for two doctors i.e., Dr. Vinay Kumar,
Assistant Professor, Ophthalmology and
Dr.P.Satyanarayana, Assistant Professor, ENT vide this
office letter no. 15270/D3/ 2015 dated 27.08.2016. But,
no orders were received in this regard. Meanwhile, they
were continued on deputation without permission of the
Government. The audit objections were also raised
regarding the continuation of the above three doctors even
after completion of their deputation period on Foreign
Service by 2011.
It is informed that, the Government have issued orders in
G.O.Ms.No. 425, HM & FW (A1) Dept, dated 11.12.2008 by
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issuing permission to the following doctors in District
Hospital of Adilabad to work on deputation in RIMS,
Adialabd except the above three petitioners who were filed
W.P.No.8075 of 2019.
1. Dr. Baliram Chitke, MS, CSS
2. Dr.Sushma Bhoos Reddy, MD, C.S.S.
3. Dr.M.Rama Krishna Raju, D.G.O, D.C.S
4. Dr.Mohd. Idris Akbani, M.S. C.S.S
5. Dr.Sandeep Pawar, MD, C.S.S
6. Dr.K.Ashok, M.S., C.S.S.
7. Dr.K.Ashirvadham, D.CH, C.S.S.
In the circumstances stated at above, the
representation of the petitioners dated 15.02.2019
have been examined according to rules and
provisions by implementing the Hon'ble High Court
orders dated 21.08.2019 in W.P.No.8075 of 2019,
considered and rejected as it is not feasible for
consideration.
9. G.O.Ms.No.37, dated 24.07.2019 issued by the 1st
respondent, reads as under:
"GOVERNMENT OF TELANGANA ABSTRACT
ABSTRACT
ACTS - STATE - The Telangana Public Employment
(Regulation of Age of Superannuation) (Amendment) Act,
2019 Publication ordered as Telangana Act No.6 of 2019.
LAW (F) DEPARTMENT
G.O.Ms.No. 37 Dated: 24-07-
The Telangana Public Employment (Regulation of Age of
Superannuation) (Amendment) Act, 2019, shall be
published in the Telangana Gazette in English, Telugu and
Urdu languages as Telangana Act No.6 of 2019.
(BY ORDER AND IN THE NAME OF THE GOVERNOR OF
TELANGANA)
SECRETARY TO GOVERNMENT,
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The following Act of the Telangana Legislature which was
assented to by the Governor of Telangana on the 23rd
July, 2019 and the said assent is hereby first published on
the 24th July, 2019 in the Telangana Gazette for general
information:-
(Here enter the Act enclosed)
The Telangana Public Employment
(Regulation of Age of Superannuation)
(Amendment) Act, 2019.
10. DISCUSSION AND CONCLUSION :
A) A bare perusal of the record indicates that the
Petitioners on an earlier occasion filed W.P.No.8075 OF
2019 with prayer as under :
"to ssue an appropriate writ, order or direction more
particularly one in the nature of Writ of Mandamus by
declaring that the petitioners are entitled to be considered
for Career Scheme Pay scales and Promotional Avenues
including the promotion of Associate Professors and
Professors in their respective specialty on par with other
similarly situated employees working as Assistant
Professors in Medical Colleges under Administrative Control
of Director of Medical Education, Hyderabad with all
consequential benefits on the basis of their representations
dated 15-2-2019 duly holding the action of the
respondents in not considering the claim of the petitioners
for Career Advancement Scheme Pay scales and
promotional avenues including promotions to the post of
Associate Professors and Professors on the alleged ground
the petitioners are now working on Foreign Deputation in
Rajeev Gandhi institute of Medical Sciences with no fault of
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them while considering their juniors who are working as
Assistant Professors in Medical Colleges under Director of
Medical Education from 2009 onwards as illegal, arbitrary,
unjust and in violation of Articles 14, 16 and 21 of the
Constitution of India and contrary to Rule of seniority and
rule of promotion."
and the same was disposed of on 21.08.2019 observing as
under.
"This Court having considered the rival submissions, is of
the considered view that this writ petition can be disposed
of directing the respondents to consider the representation
submitted by the petitioners on 15.02.2019 and pass
appropriate orders in accordance with law within a period
of eight weeks from the date of receipt of a copy of this
order.
With the above observations, the writ petition is
disposed of. No order as to costs."
B) In pursuance to the orders of this Court dated
21.08.2019 passed in W.P.No.8075 of 2019, the 2nd
Respondent herein issued the impugned proceedings vide
R.C. No.15270/D3/2015, dated 18.09.2019 which are
challenged in W.P.No.24063 of 2019.
C) A bare perusal of the order impugned dated 18.09.2019
indicates that the Director of Medical Education, Telangana,
Hyderabad had prepared tentative list of doctors, who are
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working under the control of DME at the time of bifurcation and
the above 3 doctors names were also included in the tentative
list and finally their names were deleted from the list of DME
employees list and that the Government was informed that the
Petitioners were not regular DME employees and they are
employees of Telangana Vaidya Vidhana Parishad.
D) A bare perusal of the impugned order dated 18.09.2019
also indicates as borne on record that DME had submitted
proposal for extension of deputation for 2 doctors i.e., Dr. Vinay
Kumar, Assistant Professor Opthomology and Dr.
P.Satyanarayana, Assistant Professor ENT, vide Office Letter
No.15270/D3/ 2015, dated 27.08.2016, but however, no orders
had been received in this regard.
E) A bare perusal of G.O.Ms.No.425, dated 11.12.2008 clearly
indicates the details of few other doctors who had been absorbed
as Assistant Professors tutors in teaching side in RIMS, Adilabad
and Srikakulam w.e.f., 02.05.2008 the date on which they had
submitted their declarations to the MCI subject to the condition
that their LIEN will not be maintained in their parent department.
F) A bare perusal of the material on record clearly indicates
that the 1st Respondent issued G.O.Ms.No.425, dated
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11.12.2008 permitting few doctors in District hospital of Adilabad
to work on deputation in RIMS, but however, the names of the
Petitioners were not included in the said list though the
impugned proceedings dated 18.09.2019 clearly indicate that the
Director of Medical Education had submitted proposal for
extension of deputation for 2 doctors.
G) It is the specific case of the Petitioners' that the 2nd
Respondent Director of Medical Education, Hyderabad had
furnished revised and refixed provisional seniority list of
teaching faculty working under DME as per the Hon'ble
Supreme Court of India Judgement dated 19.10.2010 for
implementation of G.O.Ms.No.325, dated 05.06.1999 and
the names of the Petitioners are shown as under in the
said list.
1. Deceased Petitioner Dr. Vinay Kumar at Sl.No.165.
2. Dr. P.Satyanarayana at Sl.No.94(A)
3. Dr. L.Thippa Swamy Naik at Sl.No.123(A).
H) In the tentative list of State cadre employees of
Director of Medical Education Department published vide
Notification No.378/SRI/A1/2015-21, dated 25.01.2016
the names of the Petitioners are shown as under :
1. Deceased Petitioner Dr. Vinay Kumar at Sl.No.76.
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2. Dr. P.Satyanarayana at Sl.No.30.
3. Dr. L.Thippa Swamy Naik at Sl.No.24.
I) A bare perusal of the impugned proceedings
dated18.09.2019 issued by the 2nd Respondent vide RC
No.15270/D3/2015 clearly indicates that the 2nd
Respondent rejected the representation of the Petitioners
dated 15.02.2019 in pursuance to the orders of this Court
dated 21.08.2019 in W.P.No.8075/2019 on the following
grounds:
i. That the Petitioners are being continued on
deputation beyond the permitted period.
ii. The Petitioners are not entitled for the relief
claimed for by the Petitioners since the Petitioners names
are not included in G.O.Ms.No.425, dated 11.12.2008.
J) This Court opines that it is not justified to reject the
claim of the Petitioners on the above two grounds since
the impugned order dated 18.09.2019 itself indicates that
the 2nd Respondent submitted proposal for extension of
deputation for two doctors i.e., Dr. Vinay Kumar and Dr.
P.Satyanarayana vide Office letter No.15270/D3/2015,
dated 27.08.2016 and admittedly as on the date of filing
of the present writ petitions No.24603/2019 and
11994/2020 the Petitioners had been working as
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Assistant Professors in ENT and Orthopedic respectively
since the inception of Rajiv Gandhi Medical Sciences,
Medical College, Adilabad from the year 2008, but though
the Respondent No.4 extracted the duties and functions of
Assistant Professors through the Petitioners, the
Respondent No.2, DME however has not included the
Petitioners in the list of Assistant Professors from
promotion as Associate Professor in their respective
Departments.
K) It is not disputed even by the 2nd Respondent that in
response to a circular issued by the 2nd Respondent dated
25.01.2008 calling for options from the doctors in service
under the State Government/A.P. Vaidya Vidhana
Parishad to opt for deputation in their own scale of pay
either in the same institute or any other semi autonomous
institutions on or before 15.02.2008, the Petitioners
exercised their options within the stipulated time i.e.,
15.02.2008.
L) Section 22 Note-I of the Andhra Pradesh
Government Medical and Dental Institutions (Conversion
into Semi-Autonomous Institutions) Act, 2007, clearly
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indicates that options once exercised are irrevocable and
final, but however, the 2nd Respondent is not considering
the petitioners' as teaching faculty and neither extending
the enhanced age of superannuation of 65 years on par
with the Assistant Professors in terms of G.O.Ms.No.37,
dated 24.07.2019 nor releasing the benefit of career
advancement scheme and promotional avenues to the
petitioners as entitled by law.
M) It is borne on record that the State Legislative
Assembly on 18.07.2019 passed an Amendment to the
Telangana Public Employment Age from 58 to 65 years for
faculty members working in Government of Telangana on
23.07.2019 which came into effect immediately.
Accordingly, in Section 3 to Sub-Section (1) of the
Telangana Public Employment (Regulation of Age of
Superannuation) Act, 1984, the provision namely
Professors, Associate Professors and Assistant Professors
of Government Medical Colleges, Government Dental
Colleges, including Semi-Autonomous Medical Colleges
shall retire from service on the afternoon of the last day of
the month in which he/she attains the age of 65 years
and G.O.Ms.No.37, dated 24.07.2019 was issued by the 1st
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Respondent subsequent to the Amendment of Section 3,
Act No.23 of 1984 on 23.07.2019.
N) A Division Bench of this Court in W.P.No.18205/2014
and batch disposed of a batch of writ petitions vide its
order dated 07.03.2017 directing the State Government to
consider the proposals submitted by each of the
Corporations /Societies/Companies for enhancement of
the age of superannuation from 58 to 60 years in
accordance with law and take a decision there upon at the
earliest in any event not later than 4 months from the
date of receipt of the copy of the said order. Admittedly,
the age of superannuation is 65 years in so far as the
teaching cadre working in Government Medical and Dental
Colleges and Hospitals in the Telangana State as per
G.O.Ms.No.37, dated 24.07.2019, but however, in respect
of the Petitioners there is a disparity and the Petitioners
have specifically attributed malafides against the
Respondents at Para 22 of the affidavit filed by the
Petitioners in W.P.No.24063/2019.
O) The Apex Court in the judgment reported in (1997) 2
U.J. SC 402 dated 08.07.1997 in Osmania University Vs.
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V.S. Muthurangam and Others, held that the judgment of
the High Court as just and proper directing raising of age
of non-teaching staff at par with teaching staff and
holding the disparity in age of superannuation between
the teaching cadre and non-teaching cadre as illegal.
P) A bare perusal of the order impugned dated
18.09.2019 issued by the 2nd Respondent vide
Proceedings RC No.15270/D3/2015, clearly indicates that
the order impugned is without any reasons and without
any justification.
11. This Court opines that the judgments relied upon by
the learned counsel appearing on behalf of the
respondents do not apply to the facts of the present case,
and the plea of the 4th respondent that the petitioners are
Assistant Professors who are treated as non teaching staff
and also on foreign service deputation hence they are not
entitled for the relief pertaining to the retirement is
without any justification hence rejected.
12. Taking into consideration:
i) The aforesaid facts and circumstances of the
case,
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ii) The Division Bench orders dated 07.03.2017
passed in W.P.No.18205 of 2014 and batch,
iii) The order of the Apex Court in Osmania
University Vs. V.S. Muthurangam & Others dated
08.07.1997 reported in 1997 (2) UJ SC 402.
iv) The averments in the counter affidavit filed on
behalf of the Respondents.
v) Taking in to consideration G.O.Ms.No.37, dated
24.07.2019
vi) W.P.No.24603 of 2019 and W.P.No.11994 of
2020 are allowed and the order impugned of the 2nd
Respondent vide RC No.15270/D3/2015, dated
18.09.2019 is set aside and the 2nd Respondent is
directed to reconsider the representation of the
petitioners dated 15.02.2019 seeking extending the
benefit of career advancement scheme pay scales
and promotional avenues and also the claim of the
petitioners for extending the superannuation age to
65 years to the petitioner Nos.2 and 3 in
W.P.No.24603 of 2019 and 11994 of 2020, on par
with the similarly situated doctors working in
teaching cadres in Government Dental and Medical
Colleges in Telangana, in accordance to law, in terms
of G.O.Ms.No.37, dated 24.07.2019, within a period
of four (04) weeks from the date of receipt of the
copy of the order and duly communicate the decision
to the petitioner.
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Miscellaneous petitions, if any, pending shall stand closed.
However, there shall be no order as to costs.
___________________
SUREPALLI NANDA,J
Date: 03.06.2024
Note: L.R.Copy to be marked
(B/o) Yvkr
