R BENER RAJ Vs. GOVT. OF A P

JUDGEMENT

(1.) THE petitioners on W.P. Nos. 4385, 5311 and 11163 of 2000 as well as the husband of the petitioner in W.P. Nos. 3915 of 2000 were working as Associate Professors in the Department of Soil Science in A.P. Agricultural University, the respondent herein. The petitioner in W.P. No. 2064 of 2000 has been working as Associate Professor in the Department of Plant Pathology. All of them have been retired from service.

(2.) THE University has introduced merit promotion scheme through A.P. Agricultural University Teachers (Merit Promotions) Regulations, hereinafter referred to as 'the regulations ', issued in proceedings dt. 18 -10 -1984. The regulations contemplated appointment/promotion of Associate Professors as Professors subject to certain conditions. The scheme was initially in force till the year 1987. Thereafter it was discontinued. Certain aggrieved Associate Professors, who were denied the benefit of the scheme filed writ petition in this Court. The Writ Petition was allowed directing the scheme shall be treated as in force. The same was affirmed in Writ Appeal with slight modification. The University as well as the Government of Andhra Pradesh filed Civil Appeal No. 7707 of 1997 in the Supreme Court. The Hon'ble Supreme Court through its judgment dated November 13, 1997 upheld the power of the University as well as the Government to continue or discontinue the scheme. However, it permitted the respondents therein to make a representation, inter alia, pointing out that in view of the facts and circumstances of the case the scheme continues to be in force. In view of the representation for consideration of the matter, the Government passed orders in G.O. Ms. No. 82, dt. 5 -5 -1998 in a way operate the scheme. Once again, it was in this context that the cases of the eligible candidates had to be considered, ex post facto, to grant notional promotions.

(3.) THE contention of the petitioners is three -fold.