AMBADAS Vs. GOVERNMENT OF ANDHRA PRADESH THROUGH SECRETARY, FOOD AND AGRICULTURAL (AGRICULTURE III) DEPARTMENT, HYDERABAD AND OTHERS

JUDGEMENT

(1.) A typical case of transparent injustice with poignancy accentuated by chimerically legalistic) over much sterile and negative stand of the respondent Osmania University targeted to deprive the just and rightful claims of one of its employees. The petitioner originally joined the service of the Osmania University long back in the year 1960 as Lower Division Clerk and earned promotion to the next higher post of Upper Division Clerk in 1963. The Andhra Pradesh Agricultural University (APAU) came into being on 4-5-1964 by virtue of the Andhra Pradesh Agricultural University Act, 1963 (Act 24 of 1963) passed by the Legislature of the State of Andhra Pradesh. All the members of the staff working in the Agricultural College, affiliated to the Osmania University, along with members of certain other departments of the Government, were transferred to the APAU. Several employees so transferred to the A.P. Agricultural University filed writ petitions in this Court-W.P. No. 4072 of 1969 and batch-questioning the legality of the order of Transfer. A division Bench of this Court by a judgment dated 18-12-1970 held that the transfer of the employees, without obtaining their consent, was illegal. Thereafter, the Legislature of the State of Andhra Pradesh amended Act 24 of 1963, by which Sub-sections (6) and (6-A) were inserted to Sec. 43 of the Original Act. The amended provisions came into force with effect from 24-4-1974. The newly inserted sub-sections read :

(2.) As contemplated in sub-section (6-A) the petitioner herein exercised his option on 21-6-1974 to revert to the service of the Osmania University. It is unfortunate that it had taken nearly 13 years for the authorities concerned to pass formal order in respect of the employees who exercised their options to revert to the Osmania University service. It is not in dispute that the Osmania University had not framed the service conditions of employees sent on foreign service to the APAU although the legislative mandate to that effect was incorporated in sub-section (6).

(3.) On 9-2-1987, the Government issued G.O. Ms. No. 63, Food and Agriculture (Agri. III) Department repatriating 16 of the 19 employees-including the petitioner-who had exercised their option-the number had come down to 16 since 3 of them had already retired. Para 5 of the said G.O. reads :