Andhra Pradesh High Court – Amravati
Dr.M.Obuiesu vs The State Of Andhra Pradesh, on 5 June, 2025
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
(Special Original Jurisdiction) m
THURSDAY, THE FIFTH DAY OF JUNE G
TWOTHOUSAND AND TWENTY FIVE ?
PRESENT
THE HON'BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD
I.A. No.2 OF 2024
IN
WRIT PETITION NO: 8728 OF 2024
l-A. No.2 OF 2024
Between:
1. Dr.M.Obulesu, S/o.M.Krishna Murthy, Aged about 37 years, Occ:
Assistant Professor (on Contract), Department of Telugu, College of
Arts, Commerce and Management, Rayalaseema University, Kurnool,
Kurnool District, Andhra Pradesh.
2. Dr.U.Nagi Reddy, S/o.U.Narayana Swamy, Aged about 36 years, Occ;
Assistant Professor (on Contract), Department of Mathematics, College
of Science, Rayalaseema University, Kurnool Kurnool District, Andhra
Pradesh.
3. Dr.B.Sainath, S/o.B.Pedda Nagamuni, Aged about 36 years, Occ;
Assistant Professor (on Contract), Department of OR and SQC, College
of Science, Rayalaseema University, Kurnool, Kurnool District, Andhra
Pradesh.
...PETITIONERS
AND
1. The State of Andhra Pradesh, Rep.by its Principal Secretary, Higher
Education (UE) Department, A.P. Secretariat, Velagapudi, Amaravati,
Guntur District.
2. The State of Andhra Pradesh, Rep.by its Principal Secretary, Finance
Department, A.P. Secretariat, Velagapudi, Amaravati, Guntur District.
3. Rayalaseema University, Kurnool, Kurnool District, Andhra Pradesh
Rep.by its Registrar.
4. The Vice Chancellor, Rayalaseema University, Kurnool, Kurnool
District, Andhra Pradesh.
...RESPONDENTS
Petition under Section 151 CPC praying that in the circumstances
stated in the affidavit filed in support of the petition, the High Court may be
pleased to post the W.P.No.8728/2024 under the caption "FOR BEING
MENTIONED" and correct the observations made by this Hon'ble Court in
W.P.No.8728/2024 dt.24-04-2024 by deleting the words "subject to the final
outcome of W.P.No.44665/2017" and "further direct the 3^^ respondent to
pay the enhanced remuneration of Rs 5000/- Per Month w.e.f. August, 2022
in favour of the petitioners 1 and 2 and to sanction annual increment of Rs
1,000/- for every year of continuous service from 2018 to 2023 in favour of
all the petitioners by implementing the GO Rt No. 110 date 06-07- 2022" in
the interest of justice.
WRIT PETITION NO: 8728 OF 2024
Petition under Article 226 of the Constitution of India praying that in
the circumstances stated in the affidavit filed therewith, the High Court may
be pleased to issue a writ, order or direction more particularly one in the
nature of a WRIT OF MANDAMUS declaring the action of the 3^^^
Respondent University in not paying the enhanced remuneration of an
additional amount of Rs.5,000/- for every month from August, 2022
onwards to the petitioners 1 and 2 and in not giving annual increment of
Rs. 1,000/- for every year of continuous service i.e. from 2018 to 2023 to
the petitioners in terms of G.O. Rt. No. 110, Higher Education (UE)
Department dt.06-07-2022 of the 1®* respondent is illegal, arbitrary, unjust,
discriminatory and violative of Articles 14, 16 and 21 of the Constitution of
India and consequently direct the respondents to release the arrears of
enhanced remuneration and also annual increments in favour of
petitioner's as per their eligibility and further direct the 3'^ respondent to
continue to pay the said enhanced remuneration as well as annual
increments in terms of G.O.Rt.No.110, Higher Education (UE) Department
dt.06-07-2022 of the respondent.
lA NO: 1 OF 2024
Petition under Section 151 CPC praying that in the circumstances
stated in the affidavit filed in support of the writ petition, the High Court
may be pleased to direct the 3^^ respondent to consider and dispose of the
representation dated 29-01-2024 made by the petitioners for payment of
enhanced remuneration as well as annual increment per their eligibility in
terms of G.O.Rt.No.110, Higher Education (UE) Department dt.06-07-2022
of the 1®^ respondent, pending disposal of the main Writ Petition.
Counsel for the Petitioners: SMT. KAVITHA GOTTIPATI
Counsel for the Respondent No.1 : GP FOR HIGHER EDUCATION
Counsel for the Respondent No.2 : GP FOR FINANCE & PLANNING
Counsel for the Respondent Nos. 3 & 4 : SRI P.VENKATA SUNEEL
REDDY BEHALF OF SMT. Y.RATNA PRABHA SC FOR RAYALASEEMA
UNIVERSITY
The Court made the following: ORDER
APHC010171102024
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3328]
(Special Original Jurisdiction)
THURSDAY, THE FIFTH DAY OF JUNE
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA
PRASAD
IANoJof2024
in
WRIT PETITION NO: 8728/2024
Between:
1.DR.M.OBUIESU, S/0.M.KRISHNA MURTHY, AGED ABOUT 37
YEARS, OCC- ASSISTANT PROFESSOR (ON CONTRACT)
DEPARTMENT OF TELUGU, COLLEGE OF ARTS, COMMERCE AND
MANAGEMENT, RAYALASEEMA UNIVERSITY, KURNOOL
KURNOOL DISTRICT, ANDHRA PRADESH.
2.DR.U.NAGI REDDY, S/0.U.NARAYANA SWAMY, AGED ABOUT 36
YEARS, OCC- ASSISTANT PROFESSOR (ON CONTRACT),
DEPARTMENT OF MATHEMATICS, COLLEGE OF SCIENCE,
RAYALASEEMA UNIVERSITY, KURNOOL KURNOOL DISTRICT,
ANDHRA PRADESH
3.DR.B.SAINATH, S/O.B.PEDDA NAGAMUNI, AGED ABOUT 36
YEARS OCC- ASSISTANT PROFESSOR (ON CONTRACT),
DEPARTMENT OF OR AND SQC, COLLEGE OF SCIENCE,
RAYALASEEMA UNIVERSITY, KURNOOL, KURNOOL DISTRICT,
ANDHRA PRADESH
...PETITIONER(S)
AND
1.THE STATE OF ANDHRA PRADESH, . REP.BY ITS PRINCIPAL
SECRETARY, HIGHER EDUCATION (UE) DEPARTMENT, A.P.
2
SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT.
2.THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL
SECRETARY, FINANCE DEPARTMENT, A.P. SECRETARIAT,
VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. PETITIONERS
3.RAYALASEEMA UNIVERSITY, KURNOOL, KURNOOL DISTRICT
ANDHRA PRADESH, REP.BY ITS REGISTRAR.
4.THE VICE CHANCELLOR, RAYALASEEMA UNIVERSITY,
KURNOOL, KURNOOL DISTRICT, ANDHRA PRADESH
...RESPONDENT(S):
Counsel for the Petitioner(S):
1.KAVITHA GOTTIPATI
Counsel for the Respondent(S):
1.GP FOR FINANCE PLANNING
2.GP FOR HIGHER EDUCATION
3. GP FOR SERVICES I (AP)
4.Y RATNA PRABHA (SC FOR RAYALASEEMA UNIVERSITY)
The Court made the following ORDER:
l■A■No.2 of 2024
in
WRIT PETITION NO: 8728/2024
Heard Smt. Kavitha Gottipati, learned Counsel for the Writ Petitioners
and Sri Venkata Suneel Reddy, learned Counsel representing Ms. Y. Ratna
Prabha, learned Standing Counsel for the Respondent Nos. 3 and 4.
2. The prayer in the main Writ Petition is as under:
"It is therefore prayed that this Hon'ble Court may be pleased to
issue a writ, order or direction more particularly one in the
nature of a writ of mandamus declaring the action of the 3'"'
Respondent University in not paying the enhanced
remuneration of an additional amount of Rs. 5,000/ for every
month from August, 2022 pnwards to the petitioners 1 and 2
3
('
and in not giving annual Increment of Rs. 1,000/ for every year
of continuous service i.e. from 2018 to 2023 to the petitioners in
terms of G.O.Rt.No.110, Higher Education (UE) Department
dt.06.07.2022 of the respondent is illegal, arbitrary, unjust
discriminatory and violative of Article 14, 16 and 21 of the
Constitution of India and consequently direct the respondents to
release the arrears of enhanced remuneration and also annual
increments in favour of petitioners as per their eligibility and
further direct the 3'^^respondent to continue to pay the said
enhanced remuneration as well as annual increments In terms
of G.O.Rt.No.110, Higher Education (UE) Department dt.06-07-
2022 of the 7®^ respondent, and pass such other order or orders
as this Hon'ble Court may deem fit and proper in the
circumstances of the case. "
3. The prayer in this Interlocutory Application is as under:
"It is therefore prayed that this Hon'ble Court may be pleased to
post the W.P. No. 8728/2024 under the caption "FOR BEING
MENTIONED" and correct the observations made by this
Hon'ble Court in .WP.No.8728/2024 dt.24-04-2024 by deleting
the words "subject to the final outcome of W.P.No.44665/2017"
and "further direct the 3^^ respondent to pay the enhanced
remuneration of Rs.5000/- Per Month w.e.f. August, 2022 in
favour of the petitioners 1 and 2 and to sanction annual
increment of Rs. 1,000/- for every year of continuous service
from 2018 to 2023 in favour of the all the petitioners by
implementing the GO Rt No.110 date 06-07-2022" in the
interest of justice and pass such other order or orders as this
Hon'ble Court may deem fit and proper in the circumstances of
the case. "
4. When this case came up for admission on 24.04.2024, Sri P.Venkata
Suneel Reddy, Ld. Counsel appearing on behalf of Smt. Y. Ratna Prabha,
Ld. Standing Counsel for the Respondent Nos. 3 and 4 has submitted the
Written Instructions dated 16.04.2024 furnished by the Registrar of the
Rayalaseema University (Respondent Nos.3 and 4) across the table and he
has drawn the attention of this Court to Para - 3 of the Written Instruction
dated 16.04.2024.
4
5. Since it is of relevance, the Written Instruction dated 16.04.2024
rendered by the Registrar of the Rayalaseema University is extracted in its'
entirety.
"Points for the Writ Petition filed bv Dr M Obulesu. Dr B Safnath
and Dr U Naqi Reddy in AP High Court for the implementation of
G0110
1. This is to submit that Dr M Obulesu, Dr B Sainath and Dr U
Nagi Reddy have filed a case to pay minimum time scale and
other benefits to them in AP High Court with WP No 44665 of
2017 with the following prayer
"to issue an order or orders or direction or a writ one in the
nature of WRIT OF MANDAMUS under 226 of the
Constitution of India declaring the action of the respondents
in not paying minimum time scale and other benefits tithe
Petitioners attached to the post of Assistant Professors as
per revised pay scales applicable to regular Asssitant
Professors working under the 1st Respondents University i e
Rs 21 600/plus 132 per cent D A In terms of GO Ms No 38
dated 23 06 2016 as arbitrary illegal discriminatory and
unconstitutional violating Article 14 16 and 21 of the
Constitution of India apart from violating Article 41 of the
Constitution of India and contrary to the principle of law laid
down by the Honble Supreme Court in case of State of
Punjab and others i/s Jagit Singh and others reported in
2016 indlaw s 738 and issue consequential directions
directing the Respondents to forthwith pay minimum time
scale and other benefits to the Petitioners attached to the
post of Assistant Professors working in the 1st Respondent
University in terms of GO Ms No 38 dated 23 06 2016 with
effect from the date of their initial appointment with all other
consequential benefits and to pass"
2. This case is pending before the Honourable AP High
Court. This is sub-judice.
3. Rayalaseema University would like to implement the GO 110
to the petitioners as per the out come of the Writ Petition WP
44665 of 2017.
4. This is also submitted that Dr M Obulesu, DrBSainath and Dr U
Nagi Reddy have requested for additional payment of Rs 5000/
per month and an annual increment of Rs 1000/-as per the
minimum qualification laid down in GO 110 While implementing
the GO 110 to them.
Sd/xxxxx
REGISTRAR
Rayalaseema University.
Kurnool-518007."
5
(
6. Ld. Counsel for the Respondent Nos. 3 and 4, while drawing the
attention of this Court to Para-3 of the above Written Instruction, had indicated
that the present Writ Petition may be disposed of in terms of the Para-3 of the
Written Instruction. Vide Order dated 24.04.2024, basing on the Written
Instruction, this Court was pleased to disposed of this Writ Petition by passing
the following vide Order dated 24.04.2024:
"Heard Smt. KavithaGottipati, Learned Counsel for the Writ
Petitioners (appearing through video conference) and Sri P.
VenkataSuneei Reddy, Learned Counsel appearing on behalf of
Smt. Y. RatnaPrabha, Learned Standing Counsel for Respondent
Nos. 3 and 4.
2. Sri P. Venkata Sunil Reddy, Learned Counsel appearing for
Respondent Nos. 3 and 4 has submitted Written Instructions dated
16.04.2024, issued by the Respondent No. 3. This Written
Instruction is taken on record.
3. Sri P. Venkata Sunil, Learned Counsel appearing for
Respondent Nos. 3 and 4 has drawn the attention of this Court to
Para No. 3 of the Written Instruction. The same is usefully
extracted hereunder:
"3. Rayalaseema University would like to implement
the GO 110 to the petitioners as per the outcome of the
Writ Petition WP 44665 of 2017. ''
4. Basing on this Written Instruction, the Respondents would
implement G.O.No.110 in favour of the Writ Petitioners, subject to
the outcome in W.P.No.44665 of 2017. Learned Counsel for the
Writ Petitioners has no objection for the same.
5. This Court would deem it appropriate to dispose of this Writ
Petition by recording the undertaking of the Respondent Nos. 3 and
4 that the demand of the Writ Petitioners in terms of additional
payment of Rs. 5,000/- per month and an annual increment of
Rs. 1,000/- as per the minimum qualification laid down in
G.O.No.110, would continue in favour of the Writ Petitioners,
subject to the final outcome In .WP.No.44665 of 2017.
6. With these observations and directions, this Writ Petition
stands disposed of No order as to costs.
7. Interlocutory Applications, if any, stand closed In terms of this
order.
6
7. Thereafter, it appears that when the Writ Petitioners has approached
the Respondent Authorities, the Respondent Authorities have clarified that
the increments and additional payment of Rs.5,000/- per month would be
paid only after the disposal of the W.P.No.44665 of 2017. When the Writ
Petitioners verified the particulars with regard to the pending Writ Petition
before this Court bearing W.P.No.44665 of 2017, it was noticed by the Writ
Petitioners that the said Writ Petition was filed seeking minimum time scale,
which has absolutely no relevance to the present case on hand. Ld. Counsel
for the Writ Petitioners/Applicants would submit that the then Registrar of the
University had mislead this Court by stating that the G.O.Ms.No.110 would be
implemented only after knowing the final outcome in the W.P.No.44665 of
2017.
8. Ld. Counsel for the Writ Petitioners/Applicants herein has filed this
Application bearing I.A.No.2 of 2024 on 24.08.2024. The Writ Petitioners
have also filed a Memo on 19.07.2024 for placing on record the Affidavit filed
in support of the W.P. No.44665 of 2017 with a view to explain to the Court
that the prayer sought in W.P.No.44665 of 2017 has no nexus with that of the
present Writ Petition. She would submit that the Official Respondent Nos. 3
and 4, having committed a gross misconduct and perjury by misleading the
Court, cannot be permitted to take undue advantage of their own wrongs.
The Registrar of the University has deliberately mislead this Court by stating
that G.O.Ms.No.110 dated 06.07.2022 would be implemented after knowing
the final outcome in the pending Wnt Petition No.44665 of 2017 knowing full
7
well that the subject involved in the pending W.P.No.44665 of 2017 has no
nexus with the prayer in the present Writ Petition.
9. This Court has considered the documents on record and the
submissions made by the Ld. Counsel for the Writ Petitioners and Smt. Y.
I
I RatnaPrabha, Ld. Standing Counsel appearing for the Respondent Nos. 3
f
and 4. Having heard the same, the matter was reserved for Orders.
10. This Court has noticed the prayer sought in the W.P.No.44665 of
2017, which, in no uncertain terms, is with regard to the minimum time scale
of pay. The Writ Petitioners therein (in W.P.No.44665 of 2017) are placing
reliance on the Judgment of the Hon'ble Apex Court in State of Punjab Vs.
Jagjit Singh; 2017 (1) SCO 148. Admittedly, the said case relates to the
payment of minimum time scale.
11. This Court has already noted the prayer sought in the present Writ
Petition and the Writ Petitioners are seeking parity in terms of an Order
passed by this Court dated 02.11.2023 in W.P.No.28289 of 2023.
12. Having considered the above facts, this Court is of the view that the
Registrar of the University has submitted the wrong Written Instruction on
16.04.2024, basing on which, this Court has disposed of the Writ Petition on
24.04.2024. In this view of the matter, this Court is of the opinion that it is a
fit case to recall the Order dated 24.04.2024 in W.P.No.8728 of 2024 in view
of the fact that the Respondent Nos. 3 and 4 have submitted the Written
Instruction wrongly.
8
13. Accordingly, I.A.No.02 of 2024 is allowed. Consequently, the Order
passed by this Court dated 24.04.2024 in W.P.No.8728 of 2024 is hereby
recalled. Registry is directed to restore the Writ Petition to its original file and
list this matter on 26.06.2025 as per the Roster.
Sd/- K. SRINIVASA RAJU
ASSISTANT REGISTRAR
//TRUE COPY//
SECTION OFFICER
To,
1. The Principal Secretary, Higher Education (UE) Department, State of
Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District.
2. The Principal Secretary, Finance Department, State of Andhra Pradesh,
Secretariat, Velagapudi, Amaravati, Guntur District.
3. The Registrar, Rayalaseema University, Kurnool, Kurnool District,
Andhra Pradesh.
4. The Vice Chancellor, Rayalaseema University, Kurnool, Kurnool
.District, Andhra Pradesh.
5. One CC to Smt. Kavitha Gottipati, Advocate [OPUC]
6. Two CCs to GP for Higher Education, High Court of Andhra Pradesh.
[OUT]
7. Two CCs to GP for Finance & Planning, High Court of Andhra Pradesh.
[OUT]
8. Two CCs to GP for Services-I, High Court of Andhra Pradesh. [OUT]
9. One CC to Smt Y. Ratna Prabha, SC for Rayalaseema University.
[OPUC]
lO.The Section Officer, WP (Service) Section, High Court of A.P.
11.The Section Officer, Posting Section, High Court of A.P.
12.Three CD Copies.
Cnr
HIGH COURT
DATED:05/06/2025
AFTER DESPATCHING THE ORDER
PLEASE SEND THE ENTIRE
BUNDLE TO CONCERNED
POSTING CLERK FOR
THE LISTING THE CASE
ON 26.06.2025
ORDER
I.A. 2 OF 2024
IN
WP.No.8728 Of 2024
ALLOWING THE I.A. No.2 OF 2024
RESTORED THE W.P.
WITHOUT COSTS
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