Osmania University Vs Dr.(Mrs).a. Nagamani

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HIGH COURT FOR^{THE STATEOF TELANGANAAT HYDERABAD}

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WEDNESDAY, THE FOURTH^{DAYOF FEBRUARY} TWO THOUSAND AND TVVENTY^SIX

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PRESENT

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THE HONOURABLE THE^{CHIEFJUSTICESRI APARESH KUMAR SINGH} AND THE HONOURABLE SRI^{JUSTICE G.M. MOHIUDDIN}

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WRIT APPEAL NO: 1050^{OF 2025}

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Writ Appeal under clause^{15 of the Letters Patent preferred against the order} dated 11111t2024^{in the W.P.No.17971of 2005 on the file of the High Court.}

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Between:

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Osmania University,^{representedby its Registrar,} ttq!.C^{Naresh Reddy,S/o'} Sri. G. Bhoomaiah, Osmania^{University, Hyderabad-500007.}

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...APPELLANT/RESPONDE^NT

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AND

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Dr.(Mrs). A. Nagamani,^{w/o. Dr.} f._Narayana^{Rao,.Aqgd about 70 yeqls, occ.} Fiir)f"riii,^{(neidi,Oep'artment of a9!ar1!,Osmania -University,R/o Plot No'} 1294A, Road No.63A,^{Jubilee Hills, Hyderabad.}

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...RESPONDENT/WRIT^PETITIONER

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lA NO: 3 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 pleasedto} grant stay of operation of the lmpugned^{Order Dated11'11-2024 passed in W'P.} No. 17g71 of 2005 during^{pendencyof the present Writ Appealin the interest of} justice.

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Counsel for the Appellant:^{SRIMALIPEDDI SRINIVAS REDDY, SC FOR OU}

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Gounsel for the Respondent:^{SRI B.ASHOK}

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The Court delivered^{the fotlowing: JUDGMENT}

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IN'TIIE TIIGII COURT IOR THE S'TA'I'E OF TELANGANA AT IIYDERABAT)

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TTIE IION'I}I,t] TIIE CHIEF JUSI'ICE SITI APARESI{ I(UMAR SINGH ,\ND .I'IIE IION'BLE SRI JTISTTCTi G.TT.MOHIUDDIN

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,VRIT APPE;[. No. 1050 of 2025

DATED : 04.02 2026

Betu'ecn:

Osmania Univcrsity

rlppellant

r\ND

Dr. (Ntrs.) A. Nagamani

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Respondent

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JUDCIMT]N'I':

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Sri Malipeddi Srinivas Reddy', learned counsel appears for apcellant

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Sri B. Ashok, learned counsel appears for

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respor dent/r.vri t petitioner.

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vidt, order dated 22.09.2004, the date of promotiorl of the respondent/writ petitioner as Associate Professor was shifted back from 27.07.1998 to 26.04.2001 on the ground that the extraordinary leave availed by her for a period of two years ten mc,nths and thirteen days was eroneously not taken into considr:ratiou r,vhile granting promotion earlier in the year 1998. ,\n order for recovery of Rs.2,05,8291- on pay fixation

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llCJ^{(.\KrS, Jl& C\1\t.J} 7 (.'.A.No. 1050 oi²⁰²⁵

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,vvas passed or-r 06.08.2005 pursuant^{to the aforesaidorder of} promotion^{dated 22.09.2004. The writ petitionerassailed the} shifting of^{the clate ol'prolnotionin Writ Petition No' 17971 of} 2005. vicle^{order dated I t.1 1 .2024. the learned writ couft has} set asicie^{the in"rpugnedorder dated06.08.2005 holdingthat} she is entitted^{to promotion as Associate Professor from} 27.07.r998^{providedshe satisf,res all other notified eligibility} criteria.^{The learned rvrit court interpretedpara 7.4.0 on} Reader^{(Promotion) ol'uGC Notification on Revision of Pay} Scales,MinimumQualificationforAppointmentofTeachers in Uni'ersities,^{Colleges &Other Measuresfor the} . Maintenance of^{Standards, 1998 (for shorl .UGC Notifrcation,} 1998')alongwiththeLeaveRulesandUGCletterdated l4.0l.2005toarriveatanopinionthattheperiodof extraordinary^{leave could not be discounted for the purposes} of promotion.^{The University beingaggrieved has preferred} this Writ^APPeal.

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Learned writ^{Court observedthat as per the UGC} Notifrcation,^{lggg, Leave Rules in Appendix-vl,a 'completed} year of service'^{meanscontinuousservice of specified duration}

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llCJ (AKrS, J) & GNlll. "r W.A. No. 1050 of 2025

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under the universities and includes periods of absence from duty as r,vell as leave including extraordinary leave.

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Hou,evcr, it is also evident that for the period of extrarlrdinary lea'n,e. the writ petitioner was lrot allor,ved any pay or allor,vances. The writ petitioncr had taken this leave on personal grounds and not for undertaking higher studies or for materrity leave or ftrr undertaking f'ellor.vship

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Leamed counsel for the appcllant has refened to Regulrtion 8 of Appendix-Vl of Leave Rules under uGC Regulations, [998, r,vhich provides rhat extraordinary leave shall always be r,vitliout pay and allorvances. Since the period of extraordinary leave withoLrt any salary rvas taken on personll grounds, thc Executive council of the University had resolved not to count it under the Career Advancement Schemr:. consequently, the date of promotion of the writ petitioner was shifted back

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Learned counsel for the writ petitioner has contended that thr: learned writ court rightly held that the Executive council did not derive any authority from the university

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.+A !{C., 'ri {.\lirs. 1.No. 10.r0 Jl .t^G}.lN'[, oi 2025^J

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ri

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statutes but frarned^{its own Leave Rulesother thanthose} stipulated by UGC^{under the Career Advancement Scheme} Ttrerefore, shifting of^{the date of the promotionof the rvrit} petitioner was not^proper

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The learned counsel fbr^{the Universityhas submitted} that neither the order ol^{recovery was under challenge nor the} University has insisted^{upon the recovery}

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The learned coutrsel fbr the^{writ petitioner submitted that} such payments lrave^{been made by the University, not on} account of any misrepresentation.^{Therefore,the said amount} should not be recovered.

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Having considered^{the submissions of the learned} counsel for the^{parties and the facts and circumstances noted} above, we are of the^{view that if the writ petitioner availed} extraordinary leave^{withoutany pay and allowances,in view} of para 8 of Appendix-vl^{under UGC Regulations, 1998, such} AS extraordinary leave^{cannot be counted for promotion} Associate Prolessor under^{the Career AdvancementScheme'} For award of^{Associate Professor (Promotion) underthe}

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JCJ (.(rS. .l & G\l\1, J !.A.\o lC5O of 2025

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carecr Advancement Schcmc, one should cornplete nine (9) yeari; of service with Ph.D as Assistant Professor excluding the period of Extraordinary Lear,'e availed on private affairs. The Execirtii'e Council in the 8l'' meeting helcl on 25.0(t.2005 therefbre resolved to rnodify the date of promotion of the writ petiti,)ner as Associate Prof'essor in Botany under Career Advancement Scheme as 26.04.2001 in terms oIUGC RSp-96 exclu,ling the period of two (2) years ten (10) months and thirtet:n (13) days o1' Extraordinary Leave. we find that the stand of University is based orl proper application of thc Rules applicable to extraordinary leave. Therefore, we are inclined to interf'e re in the impugned order. [t is accordingly set aside

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'ilre Writ Appeal is accorclingly allowed. There shalt be

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no ord:r as to costs.

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Miscellaneous applications, if any pending, shall stand

g.le_sed,

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To,

//TRUE COPY//

SD/.K.SRINIVAS RAO JOINT REGISTRAR6 SECTION OFFICER

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The Regigtrqr,osmania University, prof. G. Naresh Reddy, s/o. Sri G Bhoomai ah, Osmania University, HfderaOJO_soCiOO?.

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2 Dr.(Mrs).,.. N,lag.qmgni, w/o. Dr. A. Narayana Rao, Aged about 70 years, Occ. ?prg:rg'^(Retd), Pgo".rtpunt^{of eo1ar1v,osmirii,} unir"rsitv, irio ir,jt No. 1294A, Road No.63,4, Jubilee Hiils, Hyd6iaOiO.-^{- -}

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