Dr.S.Gopal Vs The State of Andhra Pradesh

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ order or direction preferably a Writ in the nature of Mandamus for a) declaring the action of the Respondents particularly the 2nd Respondent in not releasing the Annual Grade Increments which fall due from the year 2020 till date to the Petitioner as illegal, arbitrary and contrary to law laid down by this Hon’ble Court in W.P.No.19876 of 2020 and violative of Articles 12, 14, 19 of the Constitution of India and direct the Respondents particularly the 2nd Respondent to release Annual Grade Increments which fall due from the year 2020 till date with interest and b) declaring the action of the Respondents particularly the 2nd Respondent in not implementing academic promotion under Career Advancement Scheme under UGC Regulations, 2018 to the Petitioner from Stage II to Stage III (Academic Level 11 to 12) which is duly sanction by proceedings of the 2^nd Respondent dated 25.6.2023 to the Petitioner and releasing the arrear amount in Pay Fixed under CAS for Academic Level 12 under UGC Revised Pay Scales, 2016 with effect from 16.12.2017 as per the proceedings of the 3rd Respondent dated 15.03.2024 and not implementing academic promotion under Career Advancement Scheme under UGC Regulations, 2018 to the Petitioner from Academic Level 12 to Level 13A and releasing the arrear amount in Pay Fixed under CAS for Academic Level 13A with effect from 11.12.2020 as illegal, arbitrary and contrary to law laid down by this Hon’ble Court in WP.NO. 19876 OF 2020 and violative of article 12,14,19 of the Constitution of India and direct the Respondents Particularly the 2nd Respondent to release the arrear amount in Pay Fixed under CAS for Academic Level 12 under UGC Revised Pay Scales, 2016 with effect from 16.12.2017 along with Interest and to release the arrear amount in Pay Fixed under CAS for Academic Level 13A with effect from 11.12.2020 to the Petitioner along with Interest and c) declaring the action of the Respondents particularly the 2nd Respondent in not regularising the period of suspension from 2.1.2020 to 7.5.2020 as duty period to the Petitioner and not paying full salary for the suspension period is illegal, arbitrary and violative of Articles 12, 14, 19 of the Constitution of India and direct the Respondents particularly the 2nd Respondent to regularise the period of suspension from 02.01.2020 to 07.05.2020 as duty period and pay the full salary

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for the period of suspension with interest and consider the Petitioner for Regular Promotions without any reference to the said disciplinary proceedings and pass such order/orders as this Honble Court may deem fit in the circumstances of the case. Main Prayer amended/substituted as per C.O. dt 7.4.2025 vide IA.No.2/2025 in WP.No.5528 of 2025.

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IA NO: 1 OF 2025

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents particularly the 2^nd Respondent to release Annual Grade Increments which fall due from the year 2020 till date along with interest, to release the Pay Fixed under CAS for Academic Level 12 with effect from 16.12.2017 along with Interest and to release the Pay Fixed under CAS for Academic Level 13-A with effect from 11.12.2020 to the Petitioner along with Interest and direct the Respondents particularly the 2^nd Respondent to consider the Petitioner for Regular Promotions without any reference to the pending disciplinary proceedings.

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IA NO: 2 OF 2025

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased 12. It is submitted that the Petitioner is not being considered for Regular Promotions including for the Post of Principal by the 2^nd Respondent on the pretext of the pending disciplinary enquiry and the same is illegal, arbitrary, amounts to imposing major penalty even before the conclusion of the disciplinary enquiry and the same is held to be illegal by the Apex Court and also contrary to the AP CCA Rules, 1991 as amended from time to time. 15. It is therefore prayed that this Hon’ble Court may be pleased to issue an appropriate writ order or direction preferably a Writ in the nature of Mandamus for a) declaring the action of the Respondents particularly the 2^nd Respondent in not releasing the Annual Grade Increments which fall due from the year 2020 till date to the Petitioner on the pretext of pending disciplinary proceedings as illegal, arbitrary and contrary to law laid down by this Hon’ble Court in WP.NO.19876 OF 2020 and

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violative of Articles 12, 14, 19 of the Constitution of India and direct the Respondents particularly the 2^nd Respondent to release Annual Grade Increments which fall due from the year 2020 till date with interest and b) declaring the action of the Respondents particularly the 2^nd Respondent in not implementing Career Advancement Scheme under UGC Regulations, 2018 to the Petitioner from Stage II to Stage III (Academic Level 11 to 12) which is duly sanction by proceedings of the 2^nd Respondent dated 25.6.2023 to the Petitioner and releasing the arrear amount in Pay Fixed under CAS for Academic Level 12 under UGC Revised Pay Scales, 2016 with effect from 16.12.2017 as per the proceedings of the 3^rd Respondent dated 15.03.2024 and not implementing Career Advancement Scheme under UGC Regulations, 2018 to the Petitioner from Academic Level 12 to Level 13A and releasing the arrear amount in Pay Fixed under CAS for Academic Level 13A with effect from 11.12.2020 on the disciplinary proceedings as illegal, arbitrary and contrary to law laid down by this Hon’ble Court in WP.N0.19876 OF 2020 and violative of article 12, 14, 19 of the Constitution of India and direct the Respondents particularly the 2^nd Respondent to release the arrear amount in Pay Fixed under CAS for Academic Level 12 under UGC Revised Pay Scales, 2016 with effect from 16.12.2017 along with Interest and to release the arrear amount in Pay Fixed under CAS for Academic Level 13A with effect from 11.12.2020 to the Petitioner along with Interest and c) declaring the action of the Respondents particularly the 2"'* Respondent in not consider the Petitioner for Regular Promotions on the pretext of pending disciplinary proceedings initiated on 1.1.2020 is illegal, arbitrary and violative of Articles 12, 14, 19 of the Constitution of India and direct the Respondents particularly the 2^nd Respondent to considering the Petitioner for Regular Promotions without any reference to the pending disciplinary proceedings and pass such order/orders as this Hon’ble Court may deem fit in the circumstances of the case. 8. It is submitted that the 2^nd Respondent vide his proceedings dated 28.10.2024 have directed to conduct re-enquiry into the allegations levelled against the Petitioner and appointed The Principal, Government Degree College, Nandyala as Inquiring Authority without mentioning any reason for the re-enquiry. It is submitted that the Petitioner challenged the above proceedings vide WP.No.26037/2024, But be that as it PSC & KVSC Government

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Degree College, Nandyal, Andhra Pradesh issued Notice to attend before the her on 10.2.2025 for re-enquiry in pursuance of the proceedings dated 28.10.2024 issued by the Respondent, It is submitted the Petitioner have filed I.A.No.1/2025 in the above Writ Petitioner and this Court have granted interim suspension of the proceedings dated 28.10.2024 issued by the 2^nd Respondent. It is submitted that in pursuance of the above interim order, the 2^nd Respondent have issued proceedings dropping the disciplinary proceedings in respect of the Petitioner while regularising the suspension period from 2.1.2020 to 7.5.2020 duly sanctioning the leave to which he is eligible. 10. It is submitted that 2^nd Respondent have stopped giving Annual Grade Increments from the year 2020 (5 annual increments of 3% on Salary) on the ground of pending disciplinary enquiry which per se is illegal, arbitrary and contrary to the law laid down by the this Hon’ble Court in WP.No.19876 of 2020 and since the Disciplinary proceedings are dropped against the petitioner by the 2^nd Respondent, the Petitioner is entitled to the above increments along with interest on the same. 11. It is submitted that further on top of the same, the Respondent issued Notification dated 20.01.2023 calling for online applications from the eligible lecturers for career advancement scheme. It is submitted that in pursuance of the above Notification, the Petitioner has applied to the same and attended before Screening cum Evaluation and Selection Committee from 19.06.2023 to 29.06.2023 and the said Committee has finalised the name of the Petitioner as eligible for CAS. It is submitted that issued proceedings dated 25.6.2023 ordering academic promotion under CAS from Academic Stage II to Stage III with effect from 16.12.2017. It is submitted that in pursuance of the same, the Respondent issued proceedings dated 15.03.2024 fixing the pay of the Petitioner for Academic Level 12 at Rs.104100/- with effect from 16.12.2017. It is submitted that in pursuance of the 4‘^ Respondent have submitted the Supply Bill of Fixation of Pay by stating the Total Amount to be paid to the Petitioner as per the pay fixed for Academic Level 12 at Rs.104100/- with effect from 16.12.2017 by deducting the already drawn salary. It is submitted that the same is withheld on the pretext of pending disciplinary enquiry by the 2^nd Respondent. It is submitted that similarly the 2nd Respondent issued Notification dated 08.07.2024 calling for online applications from the eligible lecturers for

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career advancement scheme. It is submitted that in pursuance of the above Notification, the Petitioner has applied to the same and attended before Screening cum Evaluation and Selection Committee on 14.11.2024 and the said Committee has finalised the name of the Petitioner as eligible for CAS from Academic Level 12 to 13A with effect from 11.12.2020. It is submitted that 2^nd Respondent did not implement the CAS from Academic Level 12 to 13Ato the Petitioner on the pretext of the pending disciplinary enquiry and the same is per se liable to be declared as illegal, arbitrary and contrary to the law laid down by this Hon’ble Court in WP.NO. 19876 OF 2020 and unconstitutional and since the Disciplinary proceedings are dropped against the petitioner by the 2nd Respondent, the Petitioner is entitled to the above CAS increments along with interest on the same. 12. It is submitted that the Petitioner is suspended from 2.1.2020 and reinstated vide proceedings dated 4.5.2020 of the 2^nd Respondent and the Petitioner joined duty on 8.5.2020. It is submitted that as per FR 54B of the AP Fundamental Rules, while passing reinstatement order, an order have to be passed with regards to pay and allowances for the suspension period and this Hon’ble Court held that if the same is not passed while reinstating or within a reasonable time the consequence would be the employee would be entitled to full salary for the period he remained under suspension. It is submitted that on top of that considering the suspension period as leave period amounts to minor punishment in spite of dropping the charges against the petitioner which is highly illegal and arbitrary. It is submitted that the disciplinary proceedings have been initiated on the complainant that the petitioner awarded less internals to all students and therefore after he was suspended and then 1^st disciplinary enquiry was conducted without serving the charge memo to the petitioner and after completion of the enquiry, enquiry report is not served, the 2^nd Respondent ordered de novo enquiry which itself is not permissible and without serving the charge memo, 2^nd disciplinary enquiry was conducted and completed and the enquiry report is not served on the petitioner and once again the 2^nd Respondent order de novo enquiry and the Petitioner filed WP.No.26037/2024 challenging the 3^rd disciplinary enquiry and by virtue of the interim orders of this court, the 2^nd Respondent dropped the disciplinary proceedings against the petitioner. It is submitted that

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the whole exercise against the petitioner is nothing but to harass him and humiliate him and they have gone to the extent of ordering de novo enquiries without any reason in spite of enquiry reports in his favour. It is submitted that the Petitioner is therefore entitled suspension period as leave period and payment of full salary for the period of suspension. 15. It is therefore prayed that this Hon’ble Court may be pleased to issue an appropriate writ order or direction preferably a Writ in the nature of Mandamus for a) declaring the action of the Respondents particularly the 2nd Respondent in not releasing the Annual Grade Increments which fall due from the year 2020 till date to the Petitioner as illegal, arbitrary and contrary to law laid down by this Hon’ble Court in WP.NO.19876 OF 2020 and violative of article 12, 14, 19 of the Constitution of India and direct the Respondents particularly the 2nd Respondent to release Annual Grade Increments which fall due from the year 2020 till date with interest and b) declaring the action of the Respondents particularly the 2^nd Respondent in not implementing academic promotion under Career Advancement Scheme under UGC Regulations, 2018 to the Petitioner from Stage II to Stage III (Academic Level 11 to 12) which is duly sanction by proceedings of the 2nd Respondent dated 25.6.2023 to the Petitioner and releasing the arrear amount in Pay Fixed under CAS for Academic Level 12 under UGC Revised Pay Scales, 2016 with effect from 16.12.2017 as per the proceedings of the 3rd Respondent dated 15.03.2024 and not implementing academic promotion under Career Advancement Scheme under UGC Regulations, 2018 to the Petitioner from Academic Level 12 to Level 13A and releasing the arrear amount in Pay Fixed under CAS for Academic Level 13A with effect from 11.12.2020 as illegal, arbitrary and contrary to law laid down by this Hon’ble Court in WP.NO. 19876 OF 2020 and violative of Articles 12,14 and 19 of the Constitution of India and direct the 2^nd Respondent to release the arrear amount in Pay Fixed under CAS for Academic Level 12 under UGC Revised Pay Scales, 2016 with effect from 16.12.2017 along with Interest and to release the arrear amount in Pay Fixed under CAS for Academic Level 13A with effect from 11.12.2020 to the Petitioner along with Interest and c) declaring the action of the Respondents particularly the 2nd Respondent in not regularising the period of suspension from 02.01.2020 to 07.05.2020 as duty period to the Petitioner and not

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paying full salary for the suspension period is illegal, arbitrary and violative of Articles 12, 14, 19 of the Constitution of India and direct the Respondents particularly the 2^nd Respondent to regularise the period of suspension from 02.01.2020 to 07.05.2020 as duty period and pay the full salary for the period of suspension with interest and consider the Petitioner for Regular Promotions without any reference to the said disciplinary proceedings and pass such order/orders as this Hon’ble Court may deem fit in the circumstances of the case and pass such other order.

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Counsel for the Petitioner:

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1.N BHARATH SIMHA REDDY

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Counsel for the Respondent(S):

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1.GP FOR SERVICES II

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The Court made the following:

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THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY

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WRIT PETITION No.5528 of 2025

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ORDER:

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At the time of hearing, learned counsel for the Petitioner seeks permission of the Court to withdraw the Writ Petition with a request to grant liberty to file fresh Writ Petition questioning the Proceedings dated 04.03.2025 to the extent of treating the suspension period as leave period.

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