Yarlagadda Venu v. Vnr Vignana Jyothi Institute Of Engineering
THE HON'BLE SRI JUSTICE M. SATYANARAYANA MURTHY WRIT PETITION No. 20029 OF 2014 ORDER:
One Yarlagadda Venu, who is working as Associate Professor in the Department of Electrical and Electronics Engineering of first respondent College, filed the writ petition challenging the action of the respondents not permitting him to discharge his duties except signing in the attendance register and for non payment of his salary and declare the same as illegal and arbitrary.
02. Undisputedly, the petitioner is working as Associate Professor in first respondent College. Initially he was terminated from service, which was set aside by this Court in W.P. No.35361 of 2013 dated 02.01.2014 as the termination order was withdrawn by the first respondent College. The petitioner was reinstated as Associate Professor in the first respondent College, but no arrears of salary was paid from the date of termination till the date of reinstatement. Hence, the present writ petition is filed seeking a direction to pay salary for the said period and to pay salary for the subsequent period, obtained an interim direction dated 27.10.2014 in W.P. M.P. No.25120 of 2014, whereby the respondent was directed to pay the salary to the petitioner, due, if any, within six weeks from the date of order.
03. Since the first respondent College did not comply the direction, the petitioner initiated contempt proceedings in C.C. No.2114 of 2014 and the same was closed as the order was complied with.
04. It is evident from the record that the first respondent paid salary, for the period from the date of termination till the date of reinstatement, and across the Bench, the learned Standing Counsel for the first respondent College submitted that the petitioner is being
paid salary continuously for the subsequent period and he is permitted to discharge his duties as Associate Professor.
05. Therefore, it is clear that the relief claimed in the petition is already granted by way of interim order which merged in the final order and no amount is due till today according to the learned Standing Counsel for the first respondent. If any amount is due, it is left open to the petitioner to recover in appropriate proceedings.
06. In view compliance of interim direction and payment of salary to the subsequent period from the date of reinstatement and entrustment of duties by the first respondent College, no further order need be passed.
07. Learned counsel for the petitioner requested to issue a direction to release the Academic Grade Pay (AGP) in view of the condition of the order issued by the Chief Administrator of the first respondent, where the first respondent agreed to release the AGP after conclusion of Ph.D. Accordingly, the petitioner obtained Ph.D. in Electrical and Electronics Engineering.
08. Such direction as requested by the counsel for the petitioner cannot be issued, as it is beyond the scope of the writ petition and it is left open to the petitioner to seek such direction in appropriate proceedings.
09. With the above observation, the writ petition is dismissed at the stage of admission as infructuous as the relief claimed in the writ petition has become infructuous. No costs.
10. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.
___________________________________ M. SATYANARAYANA MURTHY, J
Date: 19.04.2016 BV