G AZEEMUDDIN Vs. JAWAHARLAL NEHRU TECHNOLOGY UNIVERSITY HYD

JUDGEMENT

(1.) The Oil Technological Research Institute (OTRI) was established in 1949 to focus on the new technologies in the extraction of oil from various seeds and their utilisation. The Government of Andhra Pradesh by G.O. Ms. No. 199, Industries, Commerce and Power (IF.CELL) Department, dated 18-4-1985, having regard to the fact that the performance of OTRI is not satisfactory and that the Institute Has not achieved the desired objectives, ordered that OTRI be transferred to Jawaharlal Nehru Technological University (JNTU), the first respondent herein, with effect from 1-4-1985, to be a constituent department of JNTU from that date. The said Government Order inter alia provided that the permanent staff of OTRI shall be absorbed in JNTU after obtaining option and "those opting for the service of JNTU would be integrated into their service as per University Rules". The petitioners herein at the relevant time were working in OTRI; the first petitioner as Joint Director, the second petitioner as Oil Technologist, the third petitioner as Processing Engineer, the fourth petitioner as Senior Scientific Assistant and the fifth petitioner as Technical Assistant. They opted for the JNTU service and worked in JNTU for about six years. In 1991, they filed the writ petition seeking a direction to JNTU to pay compensatory allowance in lieu of residential Attender (hereinafter referred to as 'Attender Allowance') at the rate of Rs. 200.00 per month as is paid to other employees holding corresponding posts in the University.

(2.) The learned counsel for the petitioners, Sri Kotha Venkata Rao submits that the petitioners have been subjected to hostile discrimination in matters of payment of pay scales as well as Attender Allowance. He, however, admits that in this writ petition, we are concerned only with Attenders Allowance. He submits that the University has allowed such Attender Allowance to the persons holding the posts of Registrar, Deputy Registrar etc. and that by reason of the Government Orders, the petitioners herein were holding Gazetted posts and, therefore, any denial of the Attender Allowance would be hit by Articles 14 and 16 of the Constitution of India. The learned counsel, has, however, not placed any authority in support of the contention.

(3.) In the counter-affidavit filed, the respondent University opposed the relief on the ground that as per G.O.Ms.No.296, Finance & Planning (FW.T.A.) Department, dated 24-11-1986, Gazetted Officers were sanctioned attender Allowance and as the petitioners were not drawing such allowance at the time of issuing the G.O., they are not entitled for the same. The University also placed reliance on Section 44(2) of the Jawaharlal Nehru Technological University Act, 1972.