M.N.Bhangay v. J.N.T.U., Rep. By Its Registrar, Hyderabad
THE HON'BLE SRI JUSTICE M.GANGA RAO WRIT PETITION No.20052 OF 2001 ORDER:
The petitioner, who worked as a I Grade Art Teacher in the 2nd respondent College, filed this writ petition to issue a Writ of Mandamus directing the respondents to implement the directions/observations of this Court made in Writ Petition No.14169 of 1992 dated 29.09.1999, Writ Appeal No.1828 of 1999 dated 28.12.1999 and Contempt Case No.1013 of 2000 dated 20.10.2000, and to grant all consequential benefits attendant benefits to petitioner.
2.
The brief facts of the case are that the petitioner was originally appointed as III Grade Art Teacher by the Director of Technical Education and was posted in the Government College of Fine Arts and Architecture. Later, he was absorbed in the service of 1st respondent-University. Thereafter, he was absorbed as II Grade Art Teacher in the year 1978 and I Grade Art Teacher in the year 1987. When the 1st respondent-University was not considered his case for promotion as Lecturer in Commercial Art Department, he filed Writ Petition No.14169 of 1992, to direct the respondents to extend the benefits of G.O.Ms.No.117, Finance & Planning (F.W.PRC-1) Department, dated 25.05.1981, to the teaching staff of J.N.T. University including the petitioner and to implement the scales of Music Colleges as per the Letter
dated 17.04.1980 of the 1st respondent, and to further declare that Rule 12(1) of the Statute of J.N.T.U. insofar as it denies promotional avenues in the University as unconstitutional. The said writ petition was disposed of on 19.09.1999, directing the Government of Andhra Pradesh, represented by its Secretary, Technical Education Department, Secretariat at Hyderabad to take appropriate decision in the matter in accordance with law and in the light of the proposals already submitted by the University vide Letter No.8704/C4/77-84 dated 30.01.1984 and to communicate the same to the University within six months from the date of receipt of a copy of the said order. Aggrieved by the same, the petitioner filed Writ Appeal No.1828 of 1999. The said writ appeal was dismissed on 28.12.1999, observing thus:
"We have noticed from Clause (1) of Statute 14, referred to above, that the Academic and Administrative Services comprise of not only top posts but also several middle rung posts. In our considered opinion, denial of promotions even to those middle order posts will certainly lead to stagnation and frustration, which in turn affects the efficiency in the services. This should be avoided in the interest of the 1st respondent-University. We sincerely hope that the State Government will take appropriate measures for providing promotional channels in the light of the aforementioned observations, in the best interest of the 1st respondent-University.
With the above observations, this Writ Appeal is dismissed, but without costs."
Thereafter, the petitioner filed Contempt Case No.1013 of 2000 complaining non-compliance of the order dated
28.12.1999 passed in Writ Appeal No.1828 of 1999. The said contempt case was closed on 28.10.2000, while observing thus:
"In this legalistic situation, keeping the judicial restraint in the forefront, this Court again express hope that due respect would be shown to the observations of the Court made in discharge of its functions which is quite essential for smooth running of the three wings of the State-Legislature, Judiciary and the Executive. The Rule is discharged. Contempt case is closed."
In spite of several representations made to the respondents by the petitioner, they failed to take any decision as per the directions/observations of this Court in Writ Petition No.14169 of 1992 dated 29.09.1999, Writ Appeal No.1828 of 1999 dated 28.12.1999 and Contempt Case No.1013 of 2000 dated 20.10.2000. Being aggrieved by the inaction of the respondents, this writ petition came to be filed. 3.
The 1st respondent filed counter stating that the Government has issued G.O.Rt.No.344, Higher Education (Executive Council.1) Department, dated 01.05.2003, extending the Automatic Advancement Scheme to I Grade Art Teacher along with other posts in teaching who are not eligible under AICTE pattern and accordingly, the petitioner was sanctioned consequential monetary benefits by the J.N.T. University taking into consideration of the six years service (SGS Scale), 12 years service (SAPP-I) and 16 years service (SAPP-II).
4.
The 2nd respondent filed counter stating that the JNAFA University was established in the year 2008 by an Act No.31 of 2008 made by the A.P. Legislative Assembly. The original 1st respondent-University has been divided into four parts i.e., JNTU, Hyderabad; JNTU, Anantapur; JNTU, Kakinada; and JNAFAU, Hyderabad by the aforesaid State Act. The petitioner has not made the JNAFA University as a party-respondent after bifurcation of the original University. The University is funded by the Government of Telangana and it would function academically as per its own norms and regulations, but insofar as the service matters are concerned the University will depend on the policies and regulations which are set by the State Government. The State of Andhra Pradesh was divided into two States of Andhra Pradesh and Telangana in the year 2014.
The petitioner has not taken any steps to implead the proper and necessary party-respondents to the writ petition post bifurcation of the State of Andhra Pradesh and the J.N.T. University, and as such the writ petition is liable to be dismissed on this ground. It is further stated that after getting promotion receipt of consequential benefits by the petitioner, he has retired from service on 30.06.2005 after attaining age of superannuation.
5.
In the facts and circumstances of the case stated above and in considered view of this Court, the lis in the writ petition could not be adjudicated positively in view of the
earlier orders of this Court passed in Writ Petition No.14169 of 1992 dated 29.09.1999, Writ Appeal No.1828 of 1999 dated 28.12.1999 and Contempt Case No.1013 of 2000 dated 20.10.2000 and the directions as well could not be given to the respondents by directing them to take appropriate measures for providing promotional channel to the post of Lecturer from the middle rung posts, such as I Grade Art Teachers, by declaring the Rule 12(1) of the Statute of JNTU as unconstitutional insofar as promotional avenues is concerned and also in view of the plea of the respondents that proper necessary party-respondents are not impleaded to the writ petition post bifurcation of the State of Andhra Pradesh and the J.N.T. University. Further, the petitioner was already given monetary benefits by extending Automatic Advancement Scheme issued through G.O.Rt.No.344 dated 01.05.2003 and he was already retired from service on 30.06.2005. In view of the above, the writ petition is liable to be dismissed.
06.
Accordingly, the writ petition is dismissed. No order as to costs.
07.
Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.
____________________________ JUSTICE M.GANGA RAO 13-07-2018 anr
THE HON'BLE SRI JUSTICE M.GANGA RAO WRIT PETITION No. 20052 OF 2001 13-07-2018 anr