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High Court for State of TelanganaWP/2286/2005dismissed no costs

Dr.Korada Subrahmanyam, v. University Of Hyderabad Rep., By Its Registrar,

2015-07-21Sanjay Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH **** WRIT PETITION NO.2286 OF 2005 Between:

Dr. Korada Subrahmanyam .. Petitioner and University of Hyderabad rep. by its Registrar .. Respondent DATE OF JUDGMENT PRONOUNCEMENT : 21st JULY, SUBMITTED FOR APPROVAL:

THE HON'BLE SRI JUSTICE SANJAY KUMAR 1.

Whether Reporters of Local newspapers may be allowed to see the judgment?

Yes/No 2.

Whether the copies of judgment may be marked to Law Reporters/Journals Yes/No 3.

Whether Their Lordship wish to see the fair copy of the judgment?

Yes/No

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.2286 OF 2005

O R D E R

The petitioner, a Reader in the University of Hyderabad, filed this writ petition assailing the rejection of his request for grant of professorship under the Career Advancement Scheme with effect from 11.11.2000. It is his case that he completed the requisite period of service to be considered for such promotion.

The Registrar of the University of Hyderabad filed a counteraffidavit stating that the petitioner was appointed on 01.10.1988 as a temporary Lecturer in the University and was regularized in service on 23.04.1993. This period of service was not taken into account while effecting his promotion to the post of a Reader. The petitioner failed to challenge this action of the University all along and at this late stage wanted the said period to be taken into consideration to grant him promotion under the Career Advancement Scheme to the post of Professor. The Registrar further stated that unless a Reader completed eight years of service as such, he could not be considered for professorship.

It is now stated by Sri Praveen Kumar, learned counsel representing Sri A.K. Jayaprakash Rao, learned counsel for the petitioner, that the petitioner was promoted as a Professor on 27.07.2006. The learned counsel would assert that the writ petition would survive only for the purpose of giving retrospective effect to such promotion from 11.11.2000. He would rely upon the communication dated 12.03.2010 addressed by the University Grants Commission to the

Registrars of various Universities in relation to counting of past service. By way of the said letter, the University Grants Commission clarified that the services of Research Associates, who had been appointed through a duly constituted selection committee and who performed academic duties corresponding to a Lecturer, may be counted for the purpose of promotion as Lecture (senior scale).

It is manifest from the above communication that the counting of past service recommended thereunder was only for the purpose of promotion to the post of Lecturer (senior scale). There is no direction to the Universities to count such services for the purpose of all Career Advancement Scheme promotions. That apart, this Court is of the opinion that once the petitioner failed to take steps at the appropriate stage to question the action of the University in not counting his service from 01.10.1988 to 23.04.1993, it is too late in the day for him to seek redressal of the said grievance.

The writ petition must therefore fail on this preliminary ground and is accordingly dismissed. Pending miscellaneous petitions shall also stand dismissed. No order as to costs.

______________________ SANJAY KUMAR, J 21st JULY, 2015 Svv