STATE OF ANDHRA PRADESH Vs. G RAMAKRISHANAN

JUDGEMENT

(1.) The respondents herein, who were Post-graduate students of the Andhra Pradesh Agricultural University, filed a writ petition (Writ Petition No. 16050 of 1991) against the State of Andhra Pradesh. represented by the Secretary, Food and Agriculture Department (Agrl. III), and the Andhra Pradesh Agricultural University, represented by the Registrar, challenging the Government Order i.e. G.O. Ms. No. 742 dated 3rd December, 1990, in which the date from which they are entitled to stipend at the enhanced rate was specified and sought a direction to the respondents to pay the enhanced rate of stipend to them from 1st October, 1989 as in the case of Post-Graduate students of Medical colleges in the State. It is the case of the writ petitioners that prior to the issue of the afore-mentioned Government Order, Post-Graduate students of the Agricultural University were receiving stipend at the rates of Rs. 1,000/- per month during the first year, Rs. 1, 100/- per month during the second year and Rs. 1,200/- per month in the third year, same as in the case of the Post-Graduate students of Medical Colleges. By the Government Order, G.O. Ms. No. 655, Health Medical and Family Welfare (E-II) Department dated 26th December, 1989, considering the representation made by the Andhra Pradesh Junior Doctors Association, the rates of stipend were enhanced to Rs. 1,500/- per month for first year students, Rs. 1,900/- per month for second year students and Rs. 2,000/- per month for third year students with a direction that the order of enhancement was to take effect from 1st October, 1989. A similar enhancement of the rate of stipend was made by the G.O. Ms. No. 742 Food and Agriculture (Agri.III) Department, for the Post Graduate students of the Agricultural University but the order was given effect from 3rd December, 1990. The case of the writ petitioners was that the State Government had always treated the Post-Graduate students of the Agricultural University at par with the Post Graduate students of Medical Colleges in the matter of stipend and there was no rational basis to make a difference regarding the effective date from which the enhanced rates of stipend will be paid to the Post Graduate students of the Agricultural University on this occasion.

(2.) The respondents in the writ petition, denying the claim of the writ petitioners contended inter alia that it is not correct to assume that the State Government was all along treating the Post-Graduate students of the Agricultural University at par with the Post-Graduate students of Medical Colleges simply because the rates of stipend paid to the two groups of Post-Graduate students happened to be the same. According to the respondents, there was no comparison between the writ petitioners and the Post-Graduate students of Medical Colleges since the nature of studies, research work and practical duty done by them are not similar. It was further contended on behalf of the respondents in the writ petition that the writ petitioners represented their case to the State Government for enhancement of the rate of stipend and the State Government, after due consideration of the case of the petitioners and the Post-Graduate students of Medical Colleges, passed the order enhancing the rate of stipend with effect from different dates.

(3.) A single Judge of the Andhra Pradesh High Court, vide judgment dated 28th April, 1992, allowed the writ petition granting the relief sought. The learned judge observed :