WRIT PETITION 46954 of 2018 on 7 December 2018

1. The State of Andhra Pradesh, Represented by its Principal Secretary,Endowment Department, Secretariat, Velgapudi, Guntur[District,][ Andhra]Pradesh.Endowment Department, Secretariat, Velgapudi, Guntur[District,][ Andhra]Pradesh.

2. The Sri Kalahasteeswara Institute of Technology (SKIT), Representedby its Chairman of Governing Body, and Commissioner[of][ Endowments]Department, Ibrahimpatnam, Vijayawada.by its Chairman of Governing Body, and Commissioner[of][ Endowments]Department, Ibrahimpatnam, Vijayawada.

3. The Sri Kalahasteeswara Institute of Technology (SKIT), Represented'by its Executive officer cum Correspondent, SrikalahasteeswaraSwamivari Devasthanams, Srikalahati, Chittoor District,[Andhra]Pradesh.by its Executive officer cum Correspondent, SrikalahasteeswaraSwamivari Devasthanams, Srikalahati, Chittoor District,[Andhra]Pradesh.

4. The Principal, Sri Kalahasteeswara Institute of Technology (SKIT),Srikalahasti, Chittoor District, Andhra Pradesh.Srikalahasti, Chittoor District, Andhra Pradesh.

5. Jawaharlal Nehru Technological University (JNTU), Ananthapur,Represented by its Registrar, Ananthapur.Represented by its Registrar, Ananthapur.

6. Satyabhama University, rep by its Registrar, Jeppiar Nagar, RajivGandhi Road, Chennai, Tamilnadu.Gandhi Road, Chennai, Tamilnadu.

...Respondents

Petition under Article 226 of the Constitution of India praying that inthe circumstances stated in the affidavit filed therewith, the High Court maybe pleased to issue a writ of Certiorari calling for[ail][ the][ connected][ records]including the impugned proceedings RC.No. SKIT- Recovery[of][ excess]

'ti

amount/2018 dated 07.12.2018 and quash the same as illegal, improper,^unjust,\arbitrary and violative of Principles of[Natural][ Justice][ and][ further]'declare that the petitioner is entitled to be continued as Assistant Professorin .the time scale attachedtothepostwithallconsequentialbenefitsincluding monetary and seniority.

lA NO: 1 OF 2018

Petition under Section 151 CPC praying thatin the[circumstances]stated in the affidavit filed in support of the petition, the High Court may bepleased to suspend the operation of the impugned proceedings[RC.]No.SKIT -Recoveryof excess amount/2018dated07.12.2018ofthe3rdRespondent and by directing the respondents 3 and 4 to continue to paythe pay scales attached to the post of Assistant Professor and pendingdisposal of the above writ petition.

lA NO: 1 OF 2019

Between:

Sri Kalahasteeswara Institute of Technology (SKIT), Represented by itsPrincipal, Sri P. Sudhakar Reddy, Srikalahasti, Chittoor District, AndhraPradesh.

...Petitioner/Respondent No.4 in WPAND

1. Smt. M. Vijaya Laxmi, W/o. G.Yoganand, Aged about 42 years. Workingas Associate Professor Sri Kalahasteeswara Institute of Technology(SKIT) Srikalahasti, Chittoor District, Andhra Pradesh, Residing atH.N0.19-3-1/S 302, P and T Colony, Sripadmavathi Residency,Renigunta Road, Tirupati -517 501, Chittoor District.as Associate Professor Sri Kalahasteeswara Institute of Technology(SKIT) Srikalahasti, Chittoor District, Andhra Pradesh, Residing atH.N0.19-3-1/S 302, P and T Colony, Sripadmavathi Residency,Renigunta Road, Tirupati -517 501, Chittoor District.

...Respondents/Writ Petitioner

2. The State of Andhra Pradesh, Represented by its Principal Secretary,Endowment Department, Secretariat, Velgapudi, Guntur District, AndhraPradesh.Endowment Department, Secretariat, Velgapudi, Guntur District, AndhraPradesh.

3. The Sri Kalahasteeswara Institute of Technology (SKIT), Representedby its Chairman of Governing Body, and Commissioner of EndowmentsDepartment, Ibrahimpatnam, Vijayawada.by its Chairman of Governing Body, and Commissioner of EndowmentsDepartment, Ibrahimpatnam, Vijayawada.

The Sri Kalahasteeswara Institute of Technology (SKIT), Representedby its Executive officer cum Correspondent, SrikalahasteeswaraSwamivari Devasthanams, Srikalahati, Chittoor District,[Andhra]Pradesh.by its Executive officer cum Correspondent, SrikalahasteeswaraSwamivari Devasthanams, Srikalahati, Chittoor District,[Andhra]Pradesh.

5. Jav\/aharlal Nehru Technological University (JNTU), Ananthapur,Represented by its Registrar, Ananthapur.Represented by its Registrar, Ananthapur.

6. Satyabhama University, rep by its Registrar, Jeppiar Nagar, RajivGandhi Road, Chennai, Tamilnadu.Gandhi Road, Chennai, Tamilnadu.

...Respondents/Respondents

Petition under Section151 CPC praying thatin the[circumstances]stated in the affidavit filed in support of the petition, the High Court may bepleasedtovacatetheinterimorderpassedinI.A.No.1of2018inW.P.No.46954 of 2018 dt 27.12.2018 pending disposal[of][ the][ above][ Writ]petition.

Counsel for the Petitioner: SRI K.RAMAMOHAN

Counsel for the Respondents: GP FOR ENDOWMENTS

Counsel for the Respondents: GP FOR HIGHER EDUCATION

Counsel for the Respondents: SRI T. VENU GOPALSC FOR ENDOWMENTS

Counsel for the Respondents: SRI PENJURI VENU GOPALSC FOR JNTUA

The Court made the following order:

APHC010971902018

IN THE HIGH COURT OF ANDHRA PRADESHAT AMARAVATI(Special Original Jurisdiction)

[3396]

THURSDAY, THE TWENTIETH DAY OF MARCH

TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPAWRIT PETITION NO: 46954/2018

Between:

1. SMT.M. VIJAYALAXMI, W/0. G.YOGANAND, AGED ABOUT42YEARS,WORKINGASASSOCIATEPROFESSORSRIKALAHASTEESWARAINSTITUTEOFTECHNOLOGY(SKIT)SRIKALAHASTI,CHITTOORDISTRICT,ANDHRAPRADESH,RESIDINGATH.N0.19-3-1/S302,PANDTCOLONY,SRIPADMAVATHI RESIDENCY, RENIGUNTA ROAD, TIRUPATI -517501, CHITTOOR DISTRICT.YEARS,WORKINGASASSOCIATEPROFESSORSRIKALAHASTEESWARAINSTITUTEOFTECHNOLOGY(SKIT)SRIKALAHASTI,CHITTOORDISTRICT,ANDHRAPRADESH,RESIDINGATH.N0.19-3-1/S302,PANDTCOLONY,SRIPADMAVATHI RESIDENCY, RENIGUNTA ROAD, TIRUPATI -517501, CHITTOOR DISTRICT.

...PETITIONER

AND1.THESTATEOF ANDHRAPRADESH,REPRESENTEDBYITSPRINCIPALSECRETARY,ENDOWMENTDEPARTMENT,SECRETARIAT,VELGAPUDI,GUNTURDISTRICT,ANDHRAPRADESH.PRINCIPALSECRETARY,ENDOWMENTDEPARTMENT,SECRETARIAT,VELGAPUDI,GUNTURDISTRICT,ANDHRAPRADESH.

2. THE SRI KALAHASTEESWARA INSTITUTE OF TECHNOLOGY SKIT,REPRESENTED BY ITS CHAIRMAN OF GOVERNING BODY, ANDCOMMISSIONEROFENDOWMENTSDEPARTMENT,IBRAHIMPATNAM, VIJAYAWADA.REPRESENTED BY ITS CHAIRMAN OF GOVERNING BODY, ANDCOMMISSIONEROFENDOWMENTSDEPARTMENT,IBRAHIMPATNAM, VIJAYAWADA.

3. THE SRI KALAHASTEESWARA INSTITUTE OF TECHNOLOGY SKIT,REPRESENTEDBYITSEXECUTIVEOFFICERCUMCORRESPONDENT,SRIKALAHASTEESWARASWAMIVARIDEVASTHANAMS,SRIKALAHATI, CHITTOORDISTRICT, ANDHRAPRADESH.REPRESENTEDBYITSEXECUTIVEOFFICERCUMCORRESPONDENT,SRIKALAHASTEESWARASWAMIVARIDEVASTHANAMS,SRIKALAHATI, CHITTOORDISTRICT, ANDHRAPRADESH.

4. THEPRINCIPALSRIKALAHASTEESWARAINSTITUTEOFTECHNOLOGYSKIT,SRIKALAHASTI,CHITTOORDISTRICT,ANDHRA PRADESH.TECHNOLOGYSKIT,SRIKALAHASTI,CHITTOORDISTRICT,ANDHRA PRADESH.5.JAWAHARLALNEHRUTECHNOLOGICALUNIVERSITYJNTU,ANANTHAPUR,REPRESENTEDBYITSREGISTRAR,ANANTHAPUR.ANANTHAPUR,REPRESENTEDBYITSREGISTRAR,ANANTHAPUR.

6. SATYABHAMA UNIVERSITY,REPBYITS REGISTRAR,JEPPIARNAGAR,RAJIV GANDHI ROAD, CHENNAI, TAMILNADU....RESPONDENT(S);NAGAR,RAJIV GANDHI ROAD, CHENNAI, TAMILNADU....RESPONDENT(S); Counsel for the Petitioner:

1. KRAMAMOHAN

Counsel for the Respondent(S):

1 .T VENU GOPAL SC FOR ENDOWMENTS (RAYALASEEMA REGION)

2. GP FOR ENDOWMENTS (AP)

3. PENJURI VENUGOPAL (SC FOR JNTUA)

The Court made the following:

ORDER:

This Writ Petition is filed under Article 226 of Constitution[of][ India][ with]

the following prayer for:

2. ....aawrit of Certiorari calling for all the connected recordsincluding the impugned proceedings RC. No. SKIT- Recoveryofexcess amount/2018 dated 07.12.2018 and quashthe sameasillegal, improper, unjust, arbitrary and violative[of][ Principles][ of][ Natural]Justiceandfurther declarethat the petitionerisentitledtobecontinued as Assistant Professor in the time scale[attached][ to][ the]post with all consequential benefits including monetary[and][ seniority.][ ”]

Heard Sri K.G.Krishna Murthy, learned senior counsel[assisted][ by][ Sri]

K.Rama Mohan, learned counsel for the Petitioner and[Sri][ V.Venu][ Gopal,]learned Senior Counsel representingSri T.Venu Gopal,learnedStandingCounsel for Sri Kalahasteeswara Institute Of Technology.

3. Learned counsel for the Petitioner would submit that,[no]notice wasissued to the Petitioner before ordering recovery and[reducing][ the][ basic][ pay][ of]the Petitioner, which is the violation of principles[of][ natural][ justice.]Learnedcounsel would further submit that Respondent No.6 is[a][ Deemed][ University.]Itis submitted that the degree obtained by the Petitioner[from][ Respondent][ No.6-]Univeristy is recognized under law.

4. Learned Standing Counsel for the University fairly[conceded]that theamount was deducted from the salary of the Petitioner without issuing anynotice to her.Learned counsel would further submit that the Court may passappropriate orders.amount was deducted from the salary of the Petitioner without issuing anynotice to her.Learned counsel would further submit that the Court may passappropriate orders.

5. Inthepresentmatter,RespondentNo.3issuedtheimpugnedProceedings dated 07.12.2018 ordering recovery of amount[and][ to][ reduce][ the]basic payof thePetitioner as recommendedbyDistrict Auditoryfor thereasonsthat thePetitioner hasnot obtainedstudy leave whilepursuingM.Tech., from Respondent No.6-University, that the degree obtained fromRespondentNo.6-UniversityisnotvalidaspertheletterissuedbyRespondent No.5 and that the District Auditor recommended for recoverysince M.Tech., degree is not valid.Proceedings dated 07.12.2018 ordering recovery of amount[and][ to][ reduce][ the]basic payof thePetitioner as recommendedbyDistrict Auditoryfor thereasonsthat thePetitioner hasnot obtainedstudy leave whilepursuingM.Tech., from Respondent No.6-University, that the degree obtained fromRespondentNo.6-UniversityisnotvalidaspertheletterissuedbyRespondent No.5 and that the District Auditor recommended for recoverysince M.Tech., degree is not valid.

6. Admittedly,Respondent-JNTU,AnantapuramuinformedvideLetterdated 19.11.2018 that the weekend M.Tech from Respondent[No.6]isnotvalid.Thereis no dispute about the fact that the[Petitioner][ herein][ secured]M.Tech., weekend degree from Respondent No.6-University in the years 2010and 2011.The appointment order of the Petitioner would show that, on therecommendationof the selection committee,as per theresolutionof thegeneralbody,he was appointedas AssistantProfessor.TheAssistantProfessors with B.Tech Degree has to obtain M.Tech.,/ M.E degree in theirrespective branch from a recognized University within a period of five yearsfromtheirdateofjoining,else,theywillforfeittheirincrementsandpromotions./dated 19.11.2018 that the weekend M.Tech from Respondent[No.6]isnotvalid.Thereis no dispute about the fact that the[Petitioner][ herein][ secured]M.Tech., weekend degree from Respondent No.6-University in the years 2010and 2011.The appointment order of the Petitioner would show that, on therecommendationof the selection committee,as per theresolutionof thegeneralbody,he was appointedas AssistantProfessor.TheAssistantProfessors with B.Tech Degree has to obtain M.Tech.,/ M.E degree in theirrespective branch from a recognized University within a period of five yearsfromtheirdateofjoining,else,theywillforfeittheirincrementsandpromotions./

7. In the present case, the Petitioner obtained M.Tech., from RespondentNo.6 - University and secured increments from time to time.Several yearsthereafter, suddenly the impugned proceedings dated 07.12.2018 were issuedby Respondent No.3 directing Respondent No.4 to take action for recovery ofexcess amountof Rs. 14,19,260/- from the Petitioner within two months fromthe date of the said proceedings.It is also not in dispute that, no prior noticehas been issued by giving an opportunity to the Petitioner to give her versionmuch less personal hearing.No.6 - University and secured increments from time to time.Several yearsthereafter, suddenly the impugned proceedings dated 07.12.2018 were issuedby Respondent No.3 directing Respondent No.4 to take action for recovery ofexcess amountof Rs. 14,19,260/- from the Petitioner within two months fromthe date of the said proceedings.It is also not in dispute that, no prior noticehas been issued by giving an opportunity to the Petitioner to give her versionmuch less personal hearing.

8. It is brought to the notice of the Court that, the issue was placed beforethe Standing Committee for Academic Senate held on 09.10.2019 at JNTU,Ananthapuramu in the presence of Vice Chancellor.The Registrar, JNTUA,addressed a letter to the Registrar of Respondent No.6 - University, which is extracted hereunder:

Conclusion

Prof. M. Vijaya KumarM. Tech, Ph. D.Registrar i/cDate:31-10-2019ToThe Registrar,Sathyabama Institute of Science and Technology(Deemed to be University)Jeppiar Nagar,CHENNAI 600 119.Respected Sir,Sub:Sathyabama University, Chennai Recognizing the[Part-Time]M.Tech. Programs of Sathyabama University,Chennaiasequivalent to Regular M.Tech. Programs-Reg.Ref:1.LetterwrittenbythethenRegistrar,SathyabamaUniversity,ChennaitoTheRegistrar,JNTUAdated24.09.2019.2. Minutes of the Standing Committee for Academic Senate ofJNTUA held on 9.10.2019.

****

It is to inform you that vide reference (1) cited, you have requestedJNTUA to consider the Part-Time M.Tech. Programs offered by Sathyabama University,Chennaiasequivalentto theRegular M.Tech.Programs andSathyabama University is not offering and has not offered earlier any weekendmode M.TECH/M.Tech. Programs. Your letter along with all the documentaryevidencessuchasapprovalby AlCTE and UGCGuidelineshavebeensubmitted for perusal and approval of the Standing[Committee][ for][ Academic]Senate of JNTUA. The Committee has considered this item and the followingresolution was made.

"JNTUA will consider the M.Tech. Programmes pursued by anyfaculty of any affiliated Collegein Part-Time mode from SathyabamaInstitute of Science and Technology (Deemed to be University),[Chennai]as equivalent to M.Tech. (Regular) programmes"

Accordingly, the Part-Time. M.Tech Programmes pursued by thefollowing faculty of SKIT, Srikalahasthi are considered as equivalent toM.Tech. (Regular) programmes.

1. Smt.G.Sarojini Devi, Assistant Professor in EEE

2. Mr.S.Narasimha Rao, Assistant Professor in EEE

3. Smt.M. Vijaya Laxmi. Assistant Professor in ECF

4. Smt. P. Uma Maheswari. Assistant Professor in ECE

5. Dr. P. Ravi Kiran. Assistant Professor in CSE

6. Sri A.Lakshmi Narayana, Assistant Professor in CSE’

9. Considering the degree obtained by thePetitioner from RespondentNo.6-Universityasvalid,thePetitionervyaspromotedasAssociateProfessor vide Proceedingsin Roc.No.3/teach Estt/2006[dated][ 30.05.2006.]However, thereafter, the matter is placed before the[Academic][ Committee][ and]they have taken a decision and thereafter, a letter was addressed by JNTUAtoRespondentNo.6-Universityandobtainedpositiveorders.Then,Respondent No.4 made office orders receiving the degree obtained by thePetitioner.It is also not in dispute that, no prior notice has been issued bygivinganopportunitytothePetitionertosubmitherversionmuchlesspersonal hearing.ItisrepresentedthatRespondentNo.3-collegeisnotfunctioning since 2021.Petitioner is not working in the College as the same isdefunct.No.6-Universityasvalid,thePetitionervyaspromotedasAssociateProfessor vide Proceedingsin Roc.No.3/teach Estt/2006[dated][ 30.05.2006.]However, thereafter, the matter is placed before the[Academic][ Committee][ and]they have taken a decision and thereafter, a letter was addressed by JNTUAtoRespondentNo.6-Universityandobtainedpositiveorders.Then,Respondent No.4 made office orders receiving the degree obtained by thePetitioner.It is also not in dispute that, no prior notice has been issued bygivinganopportunitytothePetitionertosubmitherversionmuchlesspersonal hearing.ItisrepresentedthatRespondentNo.3-collegeisnotfunctioning since 2021.Petitioner is not working in the College as the same isdefunct.

10. Viewed from any angle, the impugned proceedings are not sustainablesince, they were issued in violation of Principles of Natural Justice.

11. In the result, the Writ Petition is disposed of setting aside the impugnedproceedingsinRc.No.SKIT-Recoveryof excessamount/2018dated07.12.2018.However, Respondent No.3- Collegeisatlibertytotakeappropriate steps, if so advised, by following due process of law.There shallbe no order as to costs.proceedingsinRc.No.SKIT-Recoveryof excessamount/2018dated07.12.2018.However, Respondent No.3- Collegeisatlibertytotakeappropriate steps, if so advised, by following due process of law.There shallbe no order as to costs.

As a sequel thereto, miscellaneous petitions,if any, pending shall standSd/- Wl SRINIVASassistant,REGISTRAR///TRUE COPY//SECTION OFFICER

closed.

To,

Ananthapur, Ananthapur.University, Jeppiar Nagar, Rajiv Gandhi6The Registrar, SatyabhamaRoad, Chennai, Tamilnadu.^t^rr^piinSS S? £ ISs“?3IS;loU■' “•SSL p..«»10.11.[OUT]Two CCs toGP for Higher Education, High Court of AndhraPradesh. [OUT]12.Two CD CopiesRAM6The Registrar, SatyabhamaRoad, Chennai, Tamilnadu.^t^rr^piinSS S? £ ISs“?3IS;loU■' “•SSL p..«»10.11.[OUT]Two CCs toGP for Higher Education, High Court of AndhraPradesh. [OUT]12.Two CD CopiesRAM

HIGH COURT

DATED:20/03/2025

ORDER

WP.No.46954of 2018

DISPOSING THE WPWITHOUT COSTS

I12 JUN 21)75§Current 6ecuon