WRIT PETITION 42809 of 2018 on 16 August 2004

ORDER:

1. The instant Writ Petition is filed under Article 226 of the Constitution of India for the following relief:

“to issue a Writ or order or direction more particularly[in][ the][ nature][ of][ Writ][ of]Mandamus declaring the action of the 2nd respondent in issued the impugnedproceedings No539/Ser II/A1/2007 dated 4092018whileapprovingthefixation of pay not allowing FR 22 a i FR 22 b increments[in][ fixation][ from][ state]pay scales to UGC pay scales stating that not eligible which[ is][ contrary][ to][ the]orders passed by the 1st respondent in Letter No AGST/473/ Agri IIU2017dated 02052018 is illegal arbitrary violation of Article[14][ and][ 16][ of][ constitution]of India and set aside the same and consequently direct the respondents togive the benefit of FR 22 a i and 22 b increments as per fitment formula[ II] ofGO Ms No 58 Higher Education CE department dated 20092017 and pass”

2. Heard Sri. Shaik Karimulla,learned counsel for petitioner and learnedAsst. Government Pleader for Agriculture for the respondents.Asst. Government Pleader for Agriculture for the respondents.

3. Learned counsel for the petitioner would submit that thepetitioner wasinitially. appointed as an Agricultural ExtensionOfficeron14.06.1999inAcharya NGRangaAgriculturalUniversity andshe waspromotedasAgriculture Officer on 16.08.2004 upon graduating B.Sc. Agriculture. Thesetwo posts are holding state government pay scales. Learned counsel for thepetitioner would further submit that the petitioner was appointed as Scientist(Assistant Professor cadre) on 22.02.2014 in Department of Genetics andPlant Breeding which post holds pay of UGC Pay scales.

4. Learned counsel for petitioner would further submit that thepetitionersubmitted a representation dated 11.10.2017 to the 2'''^respondent seekingapplication of fitment formula-llasper G.O.Ms. No. 58, Higjier Education (CE)Department, dated 20.09.2017, for fixation of her pay in UGC pay scales of2006 from RPS 2005 and 2010. Learned counsel would further submit that the2respondent sought for clarification from the government as to whether thefitment formulae can be extended to the petitioner or not and based on theclarification received from the government, her pay was fixed as per G.O.Ms.No.. 58, Higher Education (CE) Department, dated 20.09.2017.

5. Learned counsel for petitioner would further submit that StateAuditPartyhasreturnedthefixationofpaytothepetitioner anddisallowedapplication of FR 22(a)(i) and FR 22(B) to the petitioner since the post held by %

the petitioner is not a promotional post but similar[benefit][ was][ extended][ to][ two]other lecturers by name G.Gowri and N.Ankamma, by the[Commissioner][ of]Higher Education vide proceedings dated 06.04.2018[but][ not][ to][ the][ petitioner.]

6. LearnedAsst.GovernmentPleaderwouldsubmitthatthefitmentformulaevide G.O.Ms.No.58isallowedfor the Junior Lecturers who gotpromoted to Degree College Lecturers from Junior Colleges. The pay[ of][ the]Ipetitioner is fixed in terms of G.O.Ms. No. 58 issued by the Government of APand the issue of pay fixation is always referred to approval of State Audit sinceState Audit is competent authority to approve fixation of pay. Accordingly, thefixation of pay was sent to State Audit for approval[and][ the][ same][ was][ returned]on objection that the petitioner is not eligible for increment under FR[ 22(a)(i)]and FR 22(b). The post of Asst. Professor held by the petitioneris not apromotion post from lower cadre,it is a direct post on fulfilling the requiredqualifications andother conditionsprescribedby the UGC.Thepetitionerworked as Agricultural Officer whichis a non-teaching post in the universityand she applied for the Assistant Professor post and on[ selection,] she wasappointed as Scientist (Assistant Professor cadre) whichis not by way ofpromotion. As such, she is not eligible to claim the[benefit][ of][ increment][ under]FR 22(a)(i) and (b). Learned Asst. Government Pleader would finally pray# todismiss the Writ Petition.formulaevide G.O.Ms.No.58isallowedfor the Junior Lecturers who gotpromoted to Degree College Lecturers from Junior Colleges. The pay[ of][ the]Ipetitioner is fixed in terms of G.O.Ms. No. 58 issued by the Government of APand the issue of pay fixation is always referred to approval of State Audit sinceState Audit is competent authority to approve fixation of pay. Accordingly, thefixation of pay was sent to State Audit for approval[and][ the][ same][ was][ returned]on objection that the petitioner is not eligible for increment under FR[ 22(a)(i)]and FR 22(b). The post of Asst. Professor held by the petitioneris not apromotion post from lower cadre,it is a direct post on fulfilling the requiredqualifications andother conditionsprescribedby the UGC.Thepetitionerworked as Agricultural Officer whichis a non-teaching post in the universityand she applied for the Assistant Professor post and on[ selection,] she wasappointed as Scientist (Assistant Professor cadre) whichis not by way ofpromotion. As such, she is not eligible to claim the[benefit][ of][ increment][ under]FR 22(a)(i) and (b). Learned Asst. Government Pleader would finally pray# todismiss the Writ Petition.

7. Considering the submissions made and on perusal of material placedonrecord,thepetitioner wasinitiallyappointed as AgriculturalExtensionOfficer in the year 1999 and was promoted as Agricultural[Officer][ in][ 2004][ on]onrecord,thepetitioner wasinitiallyappointed as AgriculturalExtensionOfficer in the year 1999 and was promoted as Agricultural[Officer][ in][ 2004][ on]

graduating B.Sc. Agriculture. Later, in the year 2014, the petitioner applied forthe post of Assistant Professor and was selected. Subsequently,she wasappointedasScientist(Asst.Professorcadre).ThepostsAgriculturalExtension officer and Agricultural Officer which are non-teaching posts holdstate pay scales whereas, the post of Asst. Professor holds UGC pay scale.As rightly put by the Asst. Government Pleader, as per the G.O.Ms. No. 58,Higher Education (CE) Department, dated 20.09.2017 fitment formulae-llisapplicable the petitioner but not the benefit under FR 22(a)(i) and FR 22(b)since it is a post under direct recruitment. The objections raised by the StateAudit are in accordance with G.O.Ms. No. 58 and the petitioner cannot claimincrements as per FR 22(a)(i) and FR 22(b), since it is not a promotional post.

8. Itis also the case of the petitioner that the Commissioner of HigherEducation, vide proceedings dated 06.04.2018, gave FR 22(a)(i) and FR 22(b)benefit to two other similarly placed lecturers,but that does not automaticallyIentitle thepetitionertoclaimsimilarbenefit.If suchbeingthecase,therespondentauthoritiesareatlibertytolookintosuchcasesandtakeappropriate steps, according to rules.

9. With this observation, the Writ Petition is dismissed. There shall be noorder as to costs.order as to costs.

Pending miscellaneous applications, if any, shall stand closed.

Sd/- K.J.RAJA 6ASUASSISTANT REGJSTRAR//TRUE COPY//

SE6TO^rOFFICER

To,

1. One CC to Sri Shaik Karimulla, Advocate [OPUC]^2. One CC to M/s. S. Pranathi, Advocate[OPUC]^2. One CC to M/s. S. Pranathi, Advocate[OPUC]^

3. Two CCs to GP for Agriculture, High Court of Andhra Pradesh. [OUT]

4. Three CD Copies.

HIGH COURT

DATED:04/03/2025

ORDER

WP.No.42809 of 2018

^ 0 8 JUL 2025 j[€:]

DISMISSING THE W.P. WITHOUT COSTS