Shanthi Swaroopini Roy vs The State Of Telangana
2025 Latest Caselaw 4530 Tel

Telangana High Court

Shanthi Swaroopini Roy vs The State Of Telangana on 4 April, 2025

          THE HON'BLE SRI JUSTICE PULLA KARTHIK

                   WRIT PETITION No.24109 of 2023
ORDER:

This Writ Petition, under Article 226 of the Constitution of India, is

filed seeking the following relief:

"...to issue a writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the 5th respondent- university in not extending the benefit of UGC pay Band of Rs.37400- 67000 with A.G.P. Rs.9000/- in terms of G.O.Ms.No.14 dt.20.2.2010 and judgment of this Hon'ble Court in W.P.No.18255/2010 and batch dt.23.6.2014 with effect from the date of appointment of the writ petitioner as Associate Professor i.e. 14.3.2007 as illegal, bad and arbitrary and further direct the respondents to extend the benefit of UGC Pay Band of Rs..37400-67000 with A.G.P. Rs.9000/- to the petitioner in terms of G.O.Ms.Noo.14 dt.20.2.2010 and judgment of this Hon'ble Court in W.P.No.18255/2010 and batch dt.23.6.2014 with effect from the date of appointment of the writ petitioner with all consequential benefits by declaring the proceedings No.CFA/255/2019-20 dt.26.8.2019 by returning the recovered amount as illegal and bad in law and pass..."

2. Heard Sri J.R. Manohar Rao, learned counsel appearing for the

petitioner, learned Government Pleader for Services-I on behalf of

respondent Nos.1 and 3, Sri Gadi Praveen Kumar, learned Deputy Solicitor

General, on behalf of respondent No.2, learned Government Pleader for

Services-III for respondent No.4 and Sri Komati Reddy Venkatanarasimha

Reddy, learned Standing Counsel appearing on behalf of respondent No.5.

3. Learned counsel appearing for the petitioner submitted that the

petitioner was initially appointed as an Associate Professor in Sculpture in

respondent No.5 University, through direct recruitment, and joined duty

PK, J

on 14.03.2007. Subsequently, the Government issued G.O.Ms.No.14

dated 20.02.2010, implementing the UGC Revised Pay Scales-2006 to the

teaching staff in the universities and colleges, w.e.f., 01.01.2006, and in

view of the same, the petitioner's pay was fixed at Rs.46,400/-

(Rs.37,400/- + Rs.9,000/- A.G.P.) in the Pay Band of Rs.37,400-65,000 +

Rs.9,000/- A.G.P. While so, the pay fixation of the petitioner was objected

by the State Audit, and her pay was re-fixed at Rs.30,320/- (Rs.22,320 +

Rs.8,000/- A.G.P.) w.e.f., 14.03.2007, in the Pay Band of Rs.15,600-

39,000 + Rs.6,000 APG vide proceedings dated 26.08.2019. Subsequently,

after completion of three years, her pay was re-fixed at Rs.46,400/-

(Rs.37,400 + Rs.9,000 A.G.P.) w.e.f., 14.03.2010. It was further submitted

that in similar circumstances, the teaching faculty of Prof. Jaya Shankar

Telangana State Agriculture University filed W.P.No.18087 of 2019 seeking

to implement the Pay Band of Rs.37,400-67,000 + Rs.9,000/- A.G.P. (UCG

Scale-2006) in the cadre of Associate Professor and this Court, vide order

dated 28.08.2019, allowed the said writ petition directing the respondents

therein to fix the Pay Band of the petitioners therein in the Pay Band of

Rs.37,400-67,000 with A.G.P. of Rs.9,000/- with effect from the date of

their appointment as Associate Professors. In compliance of the said

order, the Government had also permitted the Registrar, Prof. Jaya

PK, J

Shankar Telangana State Agriculture University, to implement the

aforesaid order of this Court, vide letter dated 20.07.2021.

4. Learned counsel further submitted that in the case of the petitioner,

the difference of alleged excess amount of Rs.17,73,069/- was recovered

from her monthly salary from July, 2021 to January, 2025, at the rate of

Rs.41,234/- per month. Therefore, she made a representation to

respondent No.5 on 10.02.2022, requesting to extend the Pay Band of

Rs.37,400-67,000 + Rs.9,000/- A.G.P. (UGC Scale-2006) with effect from

her appointment i.e., 14.03.2007, and also to re-fix her pay in the cadres

of Associate Professor and Professor. However, no action has been taken

thereon so far. Therefore, learned counsel for the petitioner prayed this

Court to pass necessary orders in the present writ petition.

5. On the other hand, learned Standing Counsel for respondent No.5,

while admitting the fact that the UGC Scales-2006 were implemented to

the teaching staff of Universities and Colleges, w.e.f., 01.01.2006, as per

the orders issued in G.O.Ms.No.14 dated 20.02.2010, submitted that the

petitioner's pay was fixed in terms of Sub-Clause viii of Appendix-II of

G.O.Ms.No.14, as Rs.46,400/- in the Pay Band of Rs.37,600-67,000 +

Rs.9,000/- A.G.P., w.e.f., 14.03.2007 i.e., from the date of her

appointment, vide proceedings dated 30.04.2011. However, the State

Audit, during the year 2010-11, has pointed out that the fixation of the

PK, J

petitioner's pay in the cadre of Associate Professor is not as per the

guidelines issued in Memo.No.6882/UE-II/2010-1 dated 06.07.2017, and

instructed to recover the excess amount paid to the petitioner.

Accordingly, the petitioner's pay was re-fixed at Rs.30,320/- in the Pay

Band of Rs.15,600-39,100 + Rs.8,000 A.G.P., w.e.f., 14.03.2007, and it

was again re-fixed at Rs.46,400/- in the Pay Band of Rs.37,400-67,000 +

Rs.9,000/- A.G.P., w.e.f., 14.03.2010, i.e., after completion of three years.

6. Learned Standing further submitted that in furtherance of the

representation of the petitioner dated 10.02.2022, the respondent

University addressed a letter to the Audit Officer, State Audit, on

09.03.2022, along with the related documents, requesting to re-consider

the request of the petitioner on par with the teaching faculty of Prof. Jaya

Shankar Telangana State Agriculture University which was allowed by the

State Government. In response, the Audit Officer, State Audit, has

informed that further clarification on re-fixation of the petitioner's pay may

be obtained from the Government. Accordingly, the respondent University

addressed a letter, in detail, to respondent No.1, along with the relevant

documents, vide Univ.Lr.No.C/122/AO/2022 dated 18.08.2022,

requesting to consider the case of the petitioner as per the UGC Guidelines

for allowing to fix her pay in the Pay Band of Rs.37,400-67,000 +

Rs.9,000/- A.G.P. from the date of her appointment as Associate Professor,

PK, J

i.e., 14.03.2007, on par with the faculty of the Prof. Jaya Shankar

Telangana State Agriculture University, and a reply in this regard is

awaited from the Government.

7. Having regard to the submissions made by the learned counsel for

the respective parties and upon perusal of record, it is undisputedly clear

that the Revised UGC Pay Scales-2006 were implemented to all the

teaching faculty of the Universities and Colleges, w.e.f., 01.06.2006, as per

the orders issued in G.O.Ms.No.14, Higher Education (UE-II) Department,

dated 20.02.2010. Sub Clause (viii) of Appendix-II of the said G.O. is

extracted hereunder:

"(viii) Posts of Associate Professor shall be in the Pay Band of Rs.37400-67000 with A.G.P. of Rs.9000. Directly recruited Associate Professors shall be placed in the Pay Band of Rs. 37400-67000 with an A.G.P. of Rs.

9000, at the appropriate stage in the Pay Band in terms of the conditions of appointment."

8. Accordingly, in compliance of the above provision, the petitioner's

initial pay was fixed at Rs.46,000/- in the Pay Band of Rs.37,400-67,000 +

Rs.9,000/- A.G.P., w.e.f., 14.03.2007, i.e., from the date of her

appointment as Associate Professor. However, during the year 2010-11,

the State Audit has raised an objection stating that the petitioner's pay

fixation in the cadre of Associate Professor was not in accordance with

Memo.No.6882/UE.II/2010-1 dated 06.07.2010. Consequently, the

PK, J

petitioner's pay was reduced and re-fixed at Rs.30,320/- in the Pay Band

of Rs.15,600-39,100 + Rs.8,000 A.G.P., w.e.f., 14.03.2007, and it was

again re-fixed at Rs.46,400/- in the Pay Band of Rs.37,400-67,000 +

Rs.9,000/- A.G.P., w.e.f., 14.03.2010, i.e., after completion of three years.

9. Here, it is pertinent to note that the aforesaid Memo dated

06.07.2010, was already set aside by this Court vide common order dated

23.06.2014 in W.P.No.18255 of 2010, holding that an executive

clarification cannot override the provisions of G.O.Ms.No.14, and declared

that the petitioners are entitled for Pay Band of Rs.37,400-67,000 with Rs.

9000/- A.G.P. The relevant portion of the aforesaid order is extracted

hereunder:

"In my considered view, the 2nd respondent, in the name of providing 'clarification, has literally watered down, nay amended, the provisions of GO Ms. No.14, with a simple stratagem of an executive instruction, which is impermissible. Despite its best efforts, this Court has failed to harmonise the impugned Memo with GO Ms. No.14, having thus been left with only one option of declaring that the impugned Memo is illegal and impermissible.

In the facts and circumstances, the batch of writ petitions are allowed setting aside the Memo No.6882/UE.II/2010-01 dated 6-7-2010 issued by the Principal Secretary to Government, Higher Education (UE.II) Department, with a further consequential declaration that the petitioners are entitled for pay band of Rs.37400-67000 with A.G.P. Rs. 9000/-, which scale of pay is required to be paid to the petitioners. No order as to costs."

PK, J

10. Further, in the light of the aforesaid common order, this Court, vide

order dated 28.08.2019, allowed W.P.No.18087 of 2019, directing the

respondents therein to fix the pay band of the petitioners therein in the

pay band of Rs.37,400-67,000 with A.G.P. of Rs.9000/- with effect from

their appointment as Associate Professors. In compliance of the said order

dated 28.08.2019, the Government had also addressed a letter vide

Lr.No.895/Agri-III/A1/2020 dated 20.07.2021, to the Registrar, Prof. Jaya

Shankar Telangana State Agriculture University, permitting him to

implement the fixation of pay in the light of the said order of this Court

dated 28.08.2019.

11. Coming to the case on hand, as can be seen from the record, the

petitioner submitted her representation to respondent No.5 on 10.02.2022,

requesting to extend the Pay Band of Rs.37,400-67,000 + Rs.9,000/- of

A.G.P. with effect from the date of her appointment in the cadre of

Associate Professor i.e., 14.03.2007, and also to re-fix her pay in the

cadres of Associate Professor and Professor respectively, as per the orders

of this Court. In pursuance of the same, respondent No.5 forwarded her

request to respondent No.1 on 18.08.2022 vide Lr.No.C/122/AO/2022 (1),

requesting to re-consider the request of the petitioner on par with the

petitioners in W.P.No.18255 of 2010, and to allow him to fix the

petitioner's pay in the Pay Band of Rs.37,400-67,000 + Rs.9,000/- A.G.P.

PK, J

(UGC Scales-2006) from the date of her appointment in the cadre of

Associate Professor, i.e., 14.03.2007. The said case is pending considering

before respondent No.1.

12. In the facts and circumstances of the case on hand, since

respondent No.5 had already addressed a letter to respondent No.1,

recommending the case of the petitioner, this Court deems it appropriate

to direct respondent No.1 to pass necessary orders on the request of the

petitioner, i.e., representation dated 10.02.2022, duly taking into

consideration the letter addressed by respondent No.5 vide

Lr.No.C/122/AO/2022 (1), dated 18.08.2022, in the light of the orders of

this Court dated 23.06.2014 and 28.08.2019, respectively, in

W.P.Nos.18255 of 2010 and batch and 18087 of 2019, respectively, as

expeditiously as possible, preferably within a period of eight (08) weeks

from the date of receipt of a copy of this order.

13. With the above direction, the Writ Petition is disposed of.

Miscellaneous applications, if any, pending in this writ petition, shall

stand closed. No costs.

_________________________________ JUSTICE PULLA KARTHIK Date: 04.04.2025.

GSP