GOVERNMENT OF ANDHRA PRADESH Vs. D VITTAL RAO

JUDGEMENT

(1.) This appeal is directed against a judgment dated 27-9-2000 passed by a learned Single Judge of this Court in Writ Petition No. 16979 of 1998 whereby and whereunder the Writ Petition filed by the first respondent herein praying for the following reliefs was allowed.

(2.) The 1st respondent herein was appointed as College Librarian on 26-7-1985. The said appointment was also approved by the Osmania University. He was treated as a Graduate Librarian. The said post came within the purview of grant-in-aid scheme with effect from 4-5-1991. The 1st respondent requested for releasing the scales approved by the University Grants Commission. But the same had been refused by an order dated 5-7-1991. Before the learned Single Judge a question arose as to whether the Government Order issued by the appellants herein being G.O.Ms. No. 491, dated 16-11-1984 would prevail over the University Grants Commission's Circular dated 20-2-1990. Referring to paragraph 5 of the aforementioned Government Order as also a letter dated 29-12-1997 issued by the University Grants Commission to the 1st respondent the learned Single Judge was of the opinion that the 1st respondent has become eligible for UGC scales from the date he passed the NET examination.

(3.) The learned Government Pleader for Higher Education inter alia submitted that having regard to the fact that the aforementioned circular issued by the University Grants Commission having not been accepted by the State Government, the aforementioned G.O.Ms.No. 491 will continue to hold the field.