Past service in temporary roles can be counted for promotion under Career Advancement Scheme, aligning with UGC regulations; denial of such benefits violates legal rights.

ORDER :

(K. MANMADHA RAO, J.)

As the issue involved in these Writ Petitions is one and the same, they are being taken up for hearing as well as disposed of by way of this Common Order.

2. Heard Sri P.V. Ramana, learned counsel appearing for the petitioners; Sri K.V. Raghuveer, learned Government Pleader for Higher Education and Sri Butta Vijaya Bhaskar, learned Standing counsel appearing for the respondents.

3. Since the facts in both the writ petitions are similar and identical, therefore WP No.14107 of 2022 is taken as lead case, and the facts therein hereinafter will be referred to for convenience.

4. In pursuance to the advertisement issued by the respondent University on 10.01.2006 the petitioner was selected for the post of Assistant Professor in Academic Staff college, Tirupati in the scale of Rs.8000-275-13500 besides other allowances. Subsequently he was transferred to the Department of Anthropology, S.V. University College, vide proceedings of V.C., dated 10.09.2007. Prior to his entry into the University service as Assistant Professor, the petitioner rendered his duties as Young Scientist, Pool Scientist and Research Associate, funded by DSI, New Delhi, CSIR, New Delhi and ICMR, New Delhi. The petitioner‘s appointment was made after conducting interview on all India basis as per the UGC norms and he continued for 13 years in the department of Anthropology in the respondent University. While the matter stood thus, the Government issued G.O.Ms.No.208 H.E Department, dated 29.10.2009 providing revision pay scales as per UGC pay sclaes 1996 in respect of Teachers of University and colleges. Thereafter, the Government issued another G.O.Ms.No.38 revising appendix to G.O.Ms.No.14 dated 20.02.2010 under which point No.1.13 provides “Counting of past service” for direct recruitment and promotion under CAS. Since the petitioner has completed 13 years past valid service, it is to be counted for the purpose of CAS for the purpose of fixation of AGPs of Rs.7000, Rs.8000 and Rs.9000 for promotion under CAS. Even though the petitioner is entitled for the said criteria provided thereunder, the respondent university did not consider his case. Hence, the present writ petition has been filed.

5. The counter affidavits are filed in both the matters, for convenience, the averments in counter in W.P.No.14107 of 2022 are stated as under:

6. The 1st respondent filed counter and denied all the allegations made in the petition. It is stated the proceedings No.E.II(2) KKR/Anthro/CAS/2007-18 dated 10.01.2019 were cancelled due to erroneous pay fixation, in which the past service were considered in cumulative manner which is against the UGC regulations for the promotion under CAS, vide proceedings No.E.II(2)/KKR/Anthro/CAS/2007-18 dated 28.1.2019. Further the same was clarified by the A.P. State Council of Higher Education in its letter no.APSCGE-Ums-C1-1001/SVU-CSS-Kodanda Reddy/2020, dated 14.5.2020. Acceded to the above, the petitioner was continued and applied for further promotion under CAS. Further, the Executive Council Resolution No.Confi-1, dated 18.3.2021 resolved to award of respective AGPs be approved by considering the regulations of the UGC regarding designations and clarification of the APSCHE on clubbing of past service of the teachers, subject to final outcome of the writ petitions pending before the High Court of Judicature. Accordingly to which the promotion under CAS is stepwise and should in linear manner, the past service should not be considered in cumulative manner. The same was challenged by the petitioner by way of filing WP No.14616 of 2012 before the High Court and this Court while d