A JAGAN MOHAN RAO Vs. KAKATIYA UNIVERSITY

JUDGEMENT

(1.) THE petitioners, who were employees of the constituent colleges of Osmania university and absorbed in the service of kakatiya University upon its creation, filed the present writ petitions aggrieved by the action of Kakatiya University in retiring them on attaining the age of 58 years as per the service conditions of employees of kakatiya University, as illegal and arbitrary, and consequently to direct the Kakatiya university to continue them in service till they attained the age of 60 years as per the judgment of the Supreme Court in Osmania university v. V. S. Muthurangam, AIR 1997 sc 2758 = 1997 (4) ALD (SCSN) 40.

(2.) THE petitioners were initially appointed in different categories of posts in arts and Science (Day and Evening) College and Law College situated in Warangal, osmania University, during the years 1970-72. While so, a new University, known as Kakatiya University, came to be created vide Act 44 of 1976. Consequent upon creation of Kakatiya University, the Kakatiya university Act was amended in 1978 and a new provision, namely Section 44-A was inserted. By virtue of Section 44-A of the Kakatiya University Act, the constituent colleges of Osmania University, in which the petitioners were working, were brought under the administrative control and management of Kakatiya University.

(3.) THE Registrar of Kakatiya university, having regard to the proviso appended to Section 44-A (b) of the Kakatiya university Act, vide circular dated 1. 4. 1978, called upon the employees of the constituent colleges of Osmania University to exercise their option in the prescribed proforma as to whether they desired to be retained in the service of Osmania University or absorbed in the service of Kakatiya university, within a period of 30 clear days, failing which he/she shall be deemed to have opted to the service of Kakatiya university, and the option once made shall be final. Acting on the said circular, some of the employees of the constituent colleges of Osmania University exercised their option to be retained in the service of osmania University while some others did not.