Dr V Ramesh Babu vs. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.11917 of 2023

ORDER:

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

"to issue a writ, order or direction more particularly in the nature of writ of mandamus declaring the action of the 2nd Respondent in not fixing the pay in the post of Associate Professor with Academic Level 13 A in pay matrix of Rs.1,31,400/- to Rs.2,17,100/- and not paying the same to the petitioner is arbitrary, illegal and colourable exercise of power and in violation of Article 14 and 16 of the Constitution of India and to issue a consequential direction to the Respondents to fix the pay of the petitioner in the category of Associate Professor with academic level 13A in the pay matrix of Rs.1,31,400/- to Rs.2,17,100/- and to pay the same from the date of acceptance of the post of Associate Professor by the petitioner with interest @ 18% pa forthwith and to pass and such other relief or reliefs….."

2. Heard learned counsel for the petitioner, learned Government Pleader for Higher Education appearing for respondent No.1 and Sri B.Vijaya Bhaskar, learned Standing Counsel appearing for respondent Nos. 2 and 3.

3. Learned counsel for the petitioner submits that suffice if a direction is given to respondent authorities, more particularly, to 2nd respondent to consider the representation dated 27.01.2023 submitted by the petitioner to the 2nd respondent requesting for pay fixation in the cadre of Assistant Professor.

4. Learned Government Pleader appearing for the respondents would submit that the representation dated 27.01.2023 submitted by the petitioner would be considered by the respondent authorities in accordance with law, within a reasonable time.

5. Having regard to the submissions made by learned counsel for the petitioner, learned Government Pleader and learned Standing Counsel for the respondents, in view of the facts and circumstances of the case, without touching merits of the case, this Court is of the considered view that the present Writ Petition can be disposed of directing the 2nd respondent to consider and dispose of the petitioner's representation dated 27.01.2023 by considering the proceedings dated 07.06.2021 issued by the 2nd respondent and pass appropriate orders within a period of six (06) weeks from the date of receipt of a copy of this order.

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6. With the above said direction, the Writ Petition is disposed of. There shall be no order as to costs.

Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed.

______________________________________ VENKATESWARLU NIMMAGADDA, J

05.05.2023 NOTE: C.C by 09.05.2023 (B/o) BSP

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THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

WRIT PETITION No.11917 of 2023

05.05.2023 NOTE: C.C by 09.05.2023 (B/o) BSP