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High Court for State of TelanganaWP/27129/2005dismissed

K. Sarva Mangala Gowri Ma, M. Phil v. A.P Study Circle Dr. B.R. Ambedkar Bhavan

2018-09-12Abhinand Kumar Shavili3 pages

THE HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.27129 OF 2005 ORDER:

This writ petition is filed seeking Writ of Mandamus declaring the action of the respondents in not regularizing and not paying/ extending the Revised 1996 UGC Pay Scales to the petitioner, as adopted by the Government vide G.O.Ms.No.208 Higher Education (UE 1) Department, dated 29.6.1999, with effect from 1.1.1996, as illegal and arbitrary and consequently to set aside the Proceedings No.APSC/ 354/ 95, dated 1.2.2005 issued by the second respondent. A consequential direction is sought to the respondents to regularize the services of the petitioner from the date of her initial appointment as Assistant Professor, with all consequential benefits, like arrears of pay, salary, promotion, and seniority, etc.

Heard Dr. K. Lakshmi Narasimha, learned counsel for the petitioner, learned Government Pleader for Education, learned Government Pleader for Social Welfare Department and Sri Vijay Bhaskar Moola, learned counsel for the respondent No.1. When the matter is taken up for hearing, it is submitted by the learned counsel appearing for the petitioner, without arguing the matter on merits that the petitioner was extended Revised UGC Pay Scales-1996 only from 2008 i.e., from 10.4.2008 and the petitioner was terminated from service on 24.2.2012. It is contended by the learned counsel for the petitioner that the grievance of the petitioner in respect of granting/ extending the

pay scales would still survive and the learned counsel for the petitioner had restricted his prayer only to the limb of extending the Revised UGC Pay Scales from 1.1.1996.

Having considering the submissions of the petitioner, this Court is of the view that without going into the merits of this case, the writ petition can be disposed of directing the petitioner to submit a representation to the respondents and on receipt of such representation, the respondents can dispose of the same. Accordingly, the petitioner is directed to submit a representation to the respondents seeking the claim for extension of Revised UGC Pay Scales-1996, with effect from 1.1.1996, within one week from the date of receipt of a copy of this order and on receipt of such representation, the respondents are directed to consider the said representation and pass appropriate orders, in accordance with law, in another four weeks.

Accordingly, the writ petition is disposed of. There shall be no order as to costs.

Miscellaneous petitions pending if any, shall stand closed. _____________________________ ABHINAND KUMAR SHAVILI, J Dated:12/ 09/ 2018 Slk

THE HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.27129 OF 2005 Dated:12/ 09/ 2018 slk