M BHAGWANTH REDDY Vs. AP AGRICULTURAL UNIVERSITY

JUDGEMENT

(1.) The petitioner in this Writ Petition was appointed as Feildman in the department of Agriculture of the erstwhile Hyderabad State on 15-7-1952. In the year 1963, the Andhra Pradesh Agricultural University (the 1st respondent herein) was established under the Andhra Pradesh Agricultural University Act, 1963 (hereinafter referred to as 'the Act') and the petitioner was allotted to the Agricultural University on the transfer of the research wing of the Agriculture Department to the 1st respondent as the petitioner was working at that time in the said research wing. In the 1st respondent-University, the post of Feildman was re-designated as the post of Sub-Assistant. Sub-Assistants were eligible for promotion as Agricultural Assistants on selection basis and Fieldman in the Government service were eligible for promotion as Assistant Agricultural Officers at that time. As the petitioner found that the promotional opportunities to the post of Agricultural Assistant in the 1st respondent-University were not within sight, he submitted a representation to the concerned authorities of the 1st respondent that he should be promoted as Upper Division Clerk. A Sub-Assistant was not eligible to be promoted directly as Upper Division Clerk; only Lower Division Clerk was So eligible. In Proceedings No. 1563/Services.III/68 dated 9-9-1968 the Registrar of the 1st respondent appointed the petitioner by transfer as Store-keeper at the Maize Research Station, Amberpet where he was working as Fieldman. The post of Store-keeper was equivalent to the post of Lower Division Clerk.

(2.) As the petitioner was not getting any promotion, he represented his case to the High Power Committee constituted for resolving the problems of the Telangana employees. The said Committee took up the petitioner's case as CaseNo.339/F & A and on 18-2-1972 it was decided as follows:-

(3.) The petitioner approached this Court by way of Writ Petition No. 1377 of 1978 on 6-4-1978 alleging that even though he completed 25 years of service, he was not even given the post of selection grade and that some Sub-Assistants who were recruited like him as Field-men in the erstwhile Hyderabad State and were subsequently allotted to the 1st respondent and who were juniors to him, were given selection grade in the 1st respondent's Proceedings No.1225/Ser.III/75 dated 26-7-1975 and that he was included in the seniority list of Ministerial Service of the 1st respondent-University by its Memo. No.3048/Ser.III/75 dated 9-8-1975 wherein he was assigned the rank of 102 showing him as first appointed only from 9-9-1968 ignoring his total service of 16 years by then as Fieldman. He also stated in the affidavit in support of the said writ petition that in view of the stagnation, he opted to go back to his parent department in the Government of Andhra Pradesh under sub-section (6-A) of Section 43 of the Act which was introduced by the Andhra Pradesh Agricultural University (Amendment) Act, 1974. In the said Writ Petition, the petitioner contended that as he completed 15 years of service as Fieldman, he was entitled to be promoted to the post of Agricultural Assistant in the 1st respondent being the first stage of promotion after 1-11-1956. According to the petitioner, the University by its proceedings dated 18-3-1972 informed him that his case was being considered for promotion in view of the recommendations of the High Power Committee. The Government of Andhra Pradesh also informed him on 23-4-1973 that his case for promotion would be considered if he opted for departmental service. As the petitioner opted to go back to his parent department under the Government he was entitled to be considered for promotion to the post of Assistant Agricultural Officer which is equivalent to the post of Agricultural Assistant in the 1st respondent- University. However, the petitioner was neither permitted to go back to the Government by the University, nor was he promoted as Agricultural Assistant. In the said Writ Petition he alleged that by proceedings dated 28-3-1978 several of his juniors were being called for interview and selection to the higher post of Agricultural Assistant ignoring him and his entire service of 16 years till 1968. As the selection was to be held on 7-4-1978 and as he was not even called as a candidate for interview, the petitioner filed the said Writ Petition No. 1377 of 1978 for directing the University to implement the said recommendation of the High Power Committee forthwith by promoting him as Agricultural Assistant with consequential benefit of seniority and monetary benefits etc. On 21-1-1980 the following order was passed in the said Writ Petition: