APHC010331922004 IN THE HIGH COURT OF ANDHRA PRADESH Bench Sr.No:-6 AT AMARAVATI [3506]

WRIT PETITION NO: 18433 of 2004 Dr. O.s. Ramachandraiah, Ananthapur ...Petitioner Vs.

The Registrar Jntu Kukatpalli Hyderabad and ...Respondent(s)

Others **********

Advocate for Petitioner: J SUDHEER Advocate(s) for Respondent(s): D KRISHNA SC FOR JNTU ANANTHAPURAMU, PENJURI VENUGOPAL (SC FOR JNTUA)

CORAM : S RI JUSTICE CHALLA GUNARANJAN DATE : 5th March 2026 The Court made the following Order:

1. (a) Petitioner possessed a Master's Degree in Chemistry (M.Sc.) and later acquired a Ph.D. in the year 2003. He was initially appointed as Junior Research Assistant in Oil Technological Research Institute (for brevity, “OTRI”), which was under the control of Department of Industries, Government of Andhra Pradesh. Later he got promoted as Senior Scientific Assistant, OTRI.

(b) Eventually, OTRI came to be absorbed into Jawaharlal Nehru Technological University (for brevity “JNTU”) in pursuance to G.O.Ms.No.199, Industries, Commerce and Power (IF.CELL) Department, dated 18.4.1985. Under the said transfer scheme, all the assets got transferred; besides, even the existing employees were also given option to either choose the services of JNTU or, in default, they would be absorbed into the Department of Industries, Government of Andhra Pradesh.

(c) Petitioner stated to have exercised the option of serving in JNTU. By proceedings dated 06.04.1991, general orders were issued whereby all those employees who opted to work with JNTU were accordingly recognized to work with JNTU with effect from 01.04.1985. By proceedings dated 04.10.1991, petitioner was specifically assigned to JNTU.

(d) Petitioner claimed that he has been discharging function as Senior Scientific Assistant, which incidentally requires assisting the teaching faculty and conducting special classes to the students. That being so, based on proceedings dated

23.09.1998, stated to have been issued by the Government of Andhra Pradesh to the Registrar of JNTU, by referring to statute XIV(25)(2), the services of those who have been absorbed from OTRI were sought to be superannuated on attaining the age of 58 years. Eventually, as petitioner was sought to be superannuated on attaining the age of 58 years, he preferred a W.P.No.10053 of 2004. As this Court has refused to grant interim order, he stated to have preferred W.A.No.1138 of 2004.

(e) While hearing the said writ appeal, when it is brought to the notice of the Court that the Executive Council passed a resolution dated 28.12.1990 proposing to treat the employees of OTRI as distinct category and fixed the age of superannuation at 58 years on par with the other non-teaching staff of university, and further that an amendment to statute has been given effect to, both writ petition as well as writ appeal came to be dismissed as withdrawn by order dated 30.08.2004 with liberty to seek appropriate remedies insofar as the amendment made to the statute. Further, petitioner also claimed that though he was eligible to be considered for promotion to the post of Director, OTRI, the respondent University has denied him further promotion, despite acquired the eligibility by holding Ph.D. in chemistry.

(f) In that view of the matter, present writ petition came to be filed questioning the action of respondent University in denying petitioner rightful promotion to the post of Director, OTRI, and further purporting to retire the petitioner from service on attaining the age of 58 years, basing on the amended statute XIV(25) of University, to be illegal and arbitrary and ultra vires the parent Act i.e., JNTU Act, 1972. The said writ petition came to be admitted. However, no interim order was passed at the relevant point of time.

2. (a) Respondent university filed counter affidavit, inter alia, taking stand that the employees who have been absorbed from OTRI have been considered as a class by themselves. Accordingly, the Executive Council passed a resolution dated 20.12.1990,