Past services in private institutions must be counted for Career Advancement Scheme eligibility, and subsequent Executive Councils cannot revoke earlier decisions without lawful basis.

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 contrary to the judgment rendered by the Supreme Court in Civil Appeal No.8031/2022 dated 10.11.2022 and consequently declare that the petitioner is entitled for 7000, 8000, 9000 as on 7/2007 and 10000 AGPs w.e.f 23.7.2012 and also declare that the earlier orders issued fixing 7000, 8000, 9000 are legal and valid with all consequential attendant benefits."

2. The petitioner worked as Lecturer in Chemistry in KSRM College of Engineering, Kadapa from 26.09.1994 to 12.12.2000. Thereafter, she was recruited by the Commissioner of College Education and posted as Lecturer in Chemistry at Layola College, Pulivendula, Kadapa from 13.12.2000 to 31.12.2002. Further, as Lecturer in Chemistry at B.T. College, Madanapalle from 01.01.2003 to 03.07.2007. A request was made by the petitioner to consider her past services from 13.12.2000 to 03.07.2007, wherein the same was considered by the University and necessary approval was accorded by the Government on according permission for her pay protection as per the LPC issued by her previous employer. The said permission was issued by the Government with the concurrence of Finance Department. Accordingly, pay fixation proceedings were issued by the University on 25.08.2011. On 02.09.2010 the Executive Council passed resolution awarding AGP 8000 w.e.f 13.12.2009 and after completion of 3 years in AGP 8000, the Vice Chancellor issued proceedings of AGP 9000 w.e.f 13.12.2012. On 18.04.2013, the Government declared that the petitioner is entitled for counting her past services rendered from 26.09.1994 to 12.12.2000 for the purpose of CAS as per orders in G.O.Ms.No.14 Higher Education Department dated 20.02.2010 and as per UGC Regulations. Then, proceedings were issued by the authorities counting 6 years 2 months 17 days of past services rendered by the petitioner in degree colleges i.e. total 12 years, 9 months, for the purpose of CAS. However, the respondents are denying the benefits to the petitioners under CAS on the past services granting 7000, 8000, 9000 as on 7/2007 and 10000 AGP. Challenging the same, the present writ petition is instituted.

3. Respondent Nos.1 & 2 filed separate counter affidavits stating that, the Government has considered the past service to that of her services at Loyola Degree College, Pulivendula for implementation of CAS, whereas the petitioner has put in 6 years 2 months 17 days service in KSR Engineering College. The letter dated 18.04.2013 addressed by the A.P. State Council for Higher Education clearly mentioned that to count the entire past service for award of senior scale only under CAS, but not to give relaxation of CAS to count 6 years 2 months 17 days to effect all promotions at a stretch. The Government issued letter dated 25.01.2014 which is misinterpreted by the petitioner before this Ho