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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
VENKATESWARLU NIMMAGADDA
G.Madhavi, W/o. M.Krishna Reddy – Appellant
Versus
State Of Andhra Pradesh – Respondent
| Table of Content |
|---|
| 1. writ petition filed for mandamus relief. (Para 1 , 2) |
| 2. respondents argue against counting certain past services. (Para 3 , 4) |
| 3. petitioner claims entitlement to benefits under cas. (Para 5 , 6 , 7 , 8) |
| 4. government and university contest past service inclusion for cas. (Para 9 , 10 , 11) |
| 5. court analyzes services' eligibility under cas regulations. (Para 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24) |
| 6. court concludes that the denial of benefits is illegal. (Para 25 , 26) |
ORDER :
VENKATESWARLU NIMMAGADDA, J.
1. The writ petition is filed under Article 226 of the Constitution of India, claiming the following relief:
"To issue writ of mandamus declaring the clarification issued by the Government in Letter No.1833995/UE/A2/2022-23 dated 30.10.2022 denying the benefits under CAS on the past services granting 7000, 8000, 9000 as on 7/2007 and 10000 AGP inspite of the orders issued by the Government earlier based on the proposal submitted by the State Council of Higher Education inspite of the orders implementing the said orders by the University is without having any power and authority and contrary to Regulation 10.0 of the UGC Regulations 2010 and cont
Past services in private institutions must be counted for Career Advancement Scheme eligibility, and subsequent Executive Councils cannot revoke earlier decisions without lawful basis.
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.
Promotion – Date of initial appointment is to be counted as regular service for the purpose of grant of benefits in accordance with Career Advancement Scheme (“CAS”) under UGC Regulations.
Past services of a professor can be counted for promotion under UGC regulations, regardless of whether the previous pay scale was higher than UGC standards.
The central legal point established in the judgment is that the 2010 Regulations provide for the counting of previous regular service for the purposes of grant of benefits under CAS, without making a....
The seniority of professors promoted under the Career Advancement Scheme is determined by their date of eligibility as per the Selection Committee's recommendations, as governed by UGC Regulations.
Public orders made by public authorities are meant to have public effect and are intended to affect the actings and conduct of those to whom they are addressed and must be construed objectively with ....
The respondent is entitled to Career Advancement Scheme benefits based on her prior service in accordance with AICTE guidelines, as her qualifications were deemed sufficient.
The court ruled that a break in service of 85 days disqualified the petitioner from counting his past service for benefits, emphasizing adherence to proper application channels as required under UGC ....
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