THE HON’BLE SRI JUSTICE PULLA KARTHIK

ORDER:

This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief:

“…to issue a writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the 5^th respondent- university in not extending the benefit of UGC pay Band of Rs.37400- 67000 with A.G.P. Rs.9000/- in terms of G.O.Ms.No.14 dt.20.2.2010 and judgment of this Hon’ble Court in W.P.No.18255/2010 and batch dt.23.6.2014 with effect from the date of appointment of the writ petitioner as Associate Professor i.e. 14.3.2007 as illegal, bad and arbitrary and further direct the respondents to extend the benefit of UGC Pay Band of Rs..37400-67000 with A.G.P. Rs.9000/- to the petitioner in terms of G.O.Ms.Noo.14 dt.20.2.2010 and judgment of this Hon’ble Court in W.P.No.18255/2010 and batch dt.23.6.2014 with effect from the date of appointment of the writ petitioner with all consequential benefits by declaring the proceedings No.CFA/255/2019-20 dt.26.8.2019 by returning the recovered amount as illegal and bad in law and pass…”

2. Heard Sri J.R. Manohar Rao, learned counsel appearing for the petitioner, learned Government Pleader for Services-I on behalf of respondent Nos.1 and 3, Sri Gadi Praveen Kumar, learned Deputy Solicitor General, on behalf of respondent No.2, learned Government Pleader for Services-III for respondent No.4 and Sri Komati Reddy Venkatanarasimha Reddy, learned Standing Counsel appearing on behalf of respondent No.5.

3. Learned counsel appearing for the petitioner submitted that the petitioner was initially appointed as an Associate Professor in Sculpture in respondent No.5 University, through direct recruitment, and joined duty on 14.03.2007. Subsequently, the Government issued G.O.Ms.No.14 dated 20.02.2010, implementing the UGC Revised Pay Scales-2006 to the teaching staff in the universities and colleges, w.e.f., 01.01.2006, and in view of the same, the petitioner’s pay was fixed at Rs.46,400/- (Rs.37,400/- + Rs.9,000/- A.G.P.) in the Pay Band of Rs.37,400-65,000 + Rs.9,000/- A.G.P. While so, the pay fixation of the petitioner was objected by the State Audit, and her pay was re-fixed at Rs.30,320/- (Rs.22,320 + Rs.8,000/- A.G.P.) w.e.f., 14.03.2007, in the Pay Band of Rs.15,600- 39,000 + Rs.6,000 APG vide proceedings dated 26.08.2019. Subsequently, after completion of three years, her pay was re-fixed at Rs.46,400/- (Rs.37,400 + Rs.9,000 A.G.P.) w.e.f., 14.03.2010. It was further submitted that in similar circumstances, the teaching faculty of Prof. Jaya Shankar Telangana State Agriculture University filed W.P.No.18087 of 2019 seeking to implement the Pay Band of Rs.37,400-67,000 + Rs.9,000/- A.G.P. (UCG Scale-2006) in the cadre of Associate Professor and this Court, vide order dated 28.08.2019, allowed the said writ petition directing the respondents therein to fix the Pay Band of the petitioners therein in the Pay Band of Rs.37,400-67,000 with A.G.P. of Rs.9,000/- with effect from the date of their appointment as Associate Professors. In compliance of the said order, the Government had also permitted the Registrar, Prof. Jaya Shankar Telangana State Agriculture University, to implement the aforesaid order of this Court, vide letter dated 20.07.2021.

4. Learned counsel further submitted that in the case of the petitioner, the difference of alleged excess amount of Rs.17,73,069/- was recovered from her monthly salary from July, 2021 to January, 2025, at the rate of Rs.41,234/- per month. Therefore, she made a representation to respondent No.5 on 10.02.2022, requesting to extend the Pay Band of Rs.37,400-67,000 + Rs.9,000/- A.G.P. (UGC Scale-2006) with effect from her appointment i.e., 14.03.2007, and also to re-fix her pay in the cadres of Associate Professor and Professor. However, no action has been taken thereon so far. Therefore, learned counsel for the petitioner prayed this Court to pass necessary orders in the present writ petitio