A. BHAGWAN Vs. REGISTRAR, A.P. HORTICULTURE UNIVERSITY

JUDGEMENT

(1.) ALL these Writ Petitions in the batch raise a common issue involving the interpretation of the provisions of a certain Governmental Order. All the petitioners are the teaching faculty in different universities, occupying the posts of either Associate Professor or Senior Scientist or Professor. Though in some of the Writ Petitions, the respondent universities are different, the issue raised by all the petitioners, however, is common and the adjudication required to be undertaken is also based on the same set of statutory provisions or administrative instructions. Accordingly, this Court proposes to dispose of all the Writ Petitions through a Common Order. For adjudicatory felicity, the facts in W.P.No.18255 of 2010 are taken as the basis. In any event, the details of the petitioners in all the Writ Petitions have been tabulated herein below to appreciate the issue comprehensively.

(2.) THE issue in this Writ Petition concerns itself with the interpretation of certain provisions of G.O.Ms.No.14, Higher Education (UE.II) Dept., dated 20.02.2010 (G.O.Ms.No.14 for brevity) issued by the Government of Andhra Pradesh, the second respondent, purportedly implementing the University Grants Commission (U.G.C) revised pay scales, 2006, to the benefit of the teaching staff in universities and colleges with effect from 01.01.2006. In fact, in the wake of implementing the said G.O., it appears that certain affected persons made a representation, ventilating their grievance, to the authorities of the respective universities. In turn, on the request of one of the universities, the second respondent issued certain interpretative directions concerning G.O.Ms.No.14, through Memo Dt. 6882/UE.II/2010 -I, dt. 06.07.2010 (the impugned Memo for brevity), calling it a clarification on the issue raised by the Andhra Pradesh Federation of University Teachers Association and also a letter said to have been addressed by the Director, State Audit, Andhra Pradesh, Hyderabad. Now, the petitioners, who are the teaching faculty in different universities, chiefly being Associate Professors, Senior Scientists and Professors, filed these Writ Petitions impugning the Memo dated 06.07.2010.

(3.) THE facts in brief are that the petitioners, who are a part of the teaching faculty in different universities, secured their employment either as Associate Professors or Senior Scientists or Professors in their respective universities. Now, confining the reference to W.P.No.18255 of 2010, it is seen that all the eight petitioners therein are the Associate Professors working in the Andhra Pradesh Horticultural University, Thadepallygudem, West Godavari District. They were initially appointed Assistant Professors in the respondent university between the years 1998 and 2001. Subsequently, they were appointed Associate Professors by direct recruitment on different dates between the years 2007 and 2009. While they were continuing in the service, the Government of Andhra Pradesh, the second respondent, issued G.O.Ms.No.14, dt. 20.02.2010, implementing the U.G.C Revised Pay Scales, 2006 to the teaching staff in universities and colleges with effect from 01.01.2006. In course of time, the respondent university passed a resolution on 19.03.2010 for implementation of U.G.C Revised Pay Scales, as prescribed in G.O.Ms.No.14, dt. 20.02.2010. Having issued Proceedings dt. 31.03.2010, the University fixed the pay of the petitioners in the scale of 37400 -67000 with an A.G.P of 9000/ -. It appears that with effect from 01.01.2006, the petitioners began drawing the salaries based on the said revised pay.