J MUNIRATNAM Vs. VENKATESWARA UNIVERSITY

JUDGEMENT

(1.) The petitioners are working as Lecturers in Telugu Department in the first respondent-Sri Venkateswara University, Tirupati. Respondents 5 to 8 herein were also appointed as Lecturers in the Department of Telugu of the first respondent-University. They were posted to P.G. Centre at Kurnool. The P.G. Centre, Kurnool, which was within the territorial jurisdiction of the first respondent Sri Venkateswara University stood transferred to Sri Krishnadevaraya University by virtue of Section 6-A of the Andhra Pradesh Universities Act, 1991 (for short 'the Act')

(2.) Respondents 5 to 8 exercised their option to remain in the services of the first respondent-Sri Venkateswara University. The first respondent-University by its order dated 8-5-1995 accepted the option exercised by respondents 5 to 8 to remain with the first respondent-University. According to the petitioners, there are no vacancies in the Department of Telugu in the first respondent-University. The first respondent-University has readily conceded the request of respondents 5 to 8 transferring them to first respondent- University by showing the vacancies in some other departments so as to get them transferred to the department of Telugu, though there are no vacancies in the Telugu Department. It is the case of the petitioners that there are only eight posts of lecturers in the Department of Telugu, which are now occupied by the petitioners. It is their case that all of them are appointed prior to the amendment to the A.P. Universities Act in the year 1993. Respondents 5 to 8 herein cannot be brought into Telugu Department in the absence of vacancies. The permission granted to respondents 5 to 8 herein and their posting in the Department of Telugu would adversely affect their seniority, is the submission made by the petitioners.

(3.) It is stated that the service of teaching and non-teaching staff in the matter of pxercise of option in accordance with Section 6-A of the Act is regulated by the rules called "A.P. University Employees (Option and other Conditions for Teaching and Non-Teaching Staff) Rules, 1993 (for short 'the Rules')- The option is required to be exercised only in accordance with the Rules. Rule 3(i) of the said Rules says that on and from the date of transfer of the College or institution under sub-section (1) of Section 6-A of the Act, the staff working in such college or institution shall be given an option which shall be exercised within one month from the date of publication of these rules either to remain in the service of the parent University or to go into the service of the other University subject to the availability of a vacancy in the concerned subject/department in the parent/other University. Sub-rule (iii) of Rule 3 says that whenever a clear vacancy is available, the person opting to remain with the parent University shall be treated as an employee of the parent University after placing the matter before the Board of Management for approval. If no vacancy is available and the person opts to remain with the parent University he will have to wait till a clear vacancy in the subject/department arises, till then he shall be deemed to be on deputation to the other University. A period of five years shall be the maximum limit by which, if the vacancy does not arise, the person shall be treated as absorbed in the other University, after placing the matter before the Board of Management. Rule 4 of the Rules says that the inter se seniority of such staff members absorbed under Rule 3 vis-a-vis the staff members already working in the other University shall be determined by the Board of Management without detrimental to the interest of the staff who exercised their option for absorption in the other University as provided in the proviso to sub-section (2) of Section 6-A of the Act.