T.Vijay Kumar vs. Osmania University
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Order Issued After Hearing
Purpose:
Disposed
Before:
Hon'ble Abhinand Kumar Shavili
Listed On:
11 Jun 2021
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Order Text
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
FRIDAY, THE ELEVENTH DAY OF JUNE TWO THOUSAND AND TWENTY ONE
PRESENT
THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
WRIT PETITION Nos.7855, 15641, 17728, 18822, 22819 and 23642 of 2019, 4783, 6794, 11001, 13817, 14680, 15813, 17552, 17619, 18402, 19228, 19948, 20061, 20223, 20698, 20983 of 2020, 741, 939, 1108, 1167, 1825, 2400 and 2596 of 2021
WRIT PETITION NO: 7855 OF 2019
Between:
Dr. A. Ram Reddy, S/o Late Sri A.Balaram Reddy, Aged 66 years, Professor (Retd.) in Chemistry, Osmania University, R/o 1-49/2/F/1, Suryanagar Colony, Rd. No.14, Uppal, Hyderabad-39. ...PETITIONER
AND
- Osmania University, rep. by its Registrar, Hyderabad. The Deputy Director, State Audit, Government of Telangana, Osmania University, Hyderabad.
-
- State of Telengana, rep. by its Principal Secretary, Department of Higher Education, Secretariat, Hyderabad-500022.
...RESPONDENTS
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 any writ, order or direction particularly one in the nature of MANDAMUS declaring the Proceedings No.142/UAD/Gaz/2013, dated 03/05/2013 deducting pay and allowance from 27/7/1998 to 31/5/2013 and SEL (114 days) from the 40% arrears at the time of superannuation i.e. 31/05/2013 to the tune of Rs.3,15,860/and all consequential proceedings as arbitrary, illegal and violative of Art.14 and 21 of the Constitution of India, violative of the regulations of University Grants Commission and set aside the same and consequently direct the Respondents to release the pension and other consequential benefits on par with similarly situated persons along with interest @ 18% per annum.
IA NO: 1 OF 2019
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 suspend the Proceedings No.142/UAD/Gaz/2013 dated 03/05/2013 and all consequential proceedings, pending disposal of the above writ petition.
WRIT PETITION NO: 15641 OF 2019
Between:
V. Satyanarayan Reddy, S/o. Late Sri V. Ramreddy, aged 65 years, Occ: Former Professor, Geography, Centre for Indian Ocean Studies, Osmania University, Hyderabad. R/o. H.No.12-11-1487, Boudhnagar, Secunderabad-500061. ...PETITIONER
$\mathbf{1}$
- Osmania University, rep. by its Registrar, Hyderabad. The Depty Director, State Audit, Government of Telangana, Osmania University, Hyderabad.
-
- State of Telengana, rep. by its Principal Secretary, Department of Higher Education, Secretariat, Hyderabad-500022.
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 any writ, order or direction particularly one in the nature of WRIT OF MANDAMUS declaring the proceedings No.214/UAD/GAZ/2014 dt. 20-03-2014, of the 1<sup>st</sup> Respondent and all consequential proceedings as arbitrary, illegal and violative of Art.14 and 21 of the Constitution of India, besides the UGC regulations and by nullifying the same, direct the respondents to restore the increments by refixing petitioner pension with arrears of pension and also direct refund of the deducted amounts with interest.
IA NO: 1 OF 2019
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 to restore my pension by suspending the Proceedings No.214/UAD/GAZ/2014 dt. 20-03-2014 and all consequential proceedings.
WRIT PETITION NO: 17728 OF 2019
Between:
Dr. D.Ashok, S/o D.Gangaram, aged 58 years, Professor, Dept. of Chemistry, University College of Science, Osmania University, R/o D.No.2-1-287/1, Vegetable Market Road, Nallakunta, Hyderabad-44. ... PETITIONER
AND
- Osmania University, rep. by its Registrar, Hyderabad. The Deputy Director, State Audit, Government of Telangana, Osmania University, Hyderabad.
-
- State of Telangana, rep. by its Principal Secretary, Department of Higher Education, Secretariat, Hyderabad-500022.
...RESPONDENTS
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 any writ, order or direction particularly one in the nature of WRIT OF MANDAMUS declaring the Proceedings No.314/UAD/Gaz/2019, dated 01/07/2019 refixing, ordering recovery of excess payment of pay and allowances and all consequential proceedings as arbitrary, illegal and violative of Art.14 and 21 of the Constitution of India, besides the UGC regulations and by nullifying the same direct the respondents to restore two reader increments along with the monetary benefits and non-recovery of payment.
IA NO: 1 OF 2019
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 suspend the Proceedings No.314/UAD/Gaz/2019, dated 01/07/2019 pending disposal of the above Writ Petition.
Between:
WRIT PETITION NO: 18822 OF 2019
Prof. Y. Pardhasaradhi; S/o. Late Sri Venkateswara Rao, aged 58 years, Occ: Professor(Retd), Department of Public Administration, University College of Arts and Social Sciences, Osmania University, R/o 103, Saikrupa Reside
AND
...PETITIONER
- Osmania University, rep. by its Registrar, Hyderabad. The Deputy Director, State Audit, Government of Telangana, Osmania University, Hyderabad.
-
- State of Telengana, rep. by its Principal Secretary, Department of Higher Education, Secretariat, Hyderabad-500022.
...RESPONDENTS
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 any writ, order or direction particularly one in the nature of WRIT OF MANDAMUS declaring the Proceedings MR No.183/333/1989/Admn.I-1, dated 07.08.2019 ordering recovery of excess payment of pay and allowances made from December 1998 to July 2019 amounting to Rs.5,89,428/- and all consequential proceedings as arbitrary, illegal and violative of Art 14 and 21 of the Constitution of India, besides the UGC regulations and by nullifying the same direct the respondents to restore two reader increments along with the monetary benefits and non-recovery of payment.
IA NO: 1 OF 2019
Between:
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 suspend the Proceedings MR No.183/333/1989/Admn.I-1, dated 07.08.2019 ordering recovery of excess payment of pay and allowances made from December 1998 to July 2019 amounting to Rs.5,89,428/-.
WRIT PETITION NO: 22819 OF 2019
Prof.V.Padmavathi, D/o. Sri G.Nalini Mohan, aged 60 years, Occ: Professor (Retd), worked as Dean, Dept. of Philosophy, University College of Arts and Sciences, Osmania University, R/o. H.No.2-2-20/2, C-15, Ahobil Mutt Road Hyderabad-13.
...PETITIONER
- Osmania University, rep. by its Registrar, Hyderabad. $\mathbf{1}$
- The Deputy Director, State Audit, Government of Telangana, Osmania 2. University, Hyderabad.
-
- State of Telengana, rep. by its Principal Secretary, Department of Higher Education, Secretariat, Hyderabad-500022.
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 any writ, order or direction particularly one in the nature of WRIT OF MANDAMUS declaring the proceedings No.MR/187/233/84/Admn.I.2 dt.07-08-2019 and Proceedings No.395/UAD/GAZ/2019 dt.26-09-2019 ordering recovery of excess payment of pay and allowances made from 01-01-1996 amounting to Rs.3,23,961/and all consequential proceedings as arbitrary, illegal and violative of Art.14 and 21 of the Constitution of India, besides the UGC regulations and by nullifying the same direct the respondents to restore two reader increments along with the monetary benefits and non-recovery of payment.
IA NO: 1 OF 2019
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 suspend proceedings No.MR/187/233/84/Admn.I.2 dt.07-08-2019 and Proceedings No.395/ UAD/GAZ/2019 dt.26-09-2019 ordering recovery of excess payment of pay and allowances made from 01-01-1996 amounting to Rs.3,23,961/-.
Between:
WRIT PETITION NO: 23642 OF 2019
Prof. Nirmaia Babu Rao, W/o. Sri N. Kuppu Swamy, aged 59 years, Occ: Professor, Dept.of Botany, University College of Science, Osmania University, Hyderabad. R/o. H.No.2-7-47, Sikh Village, Secunderabad-500009.
AND
...PETITIONER
- Osmania University, rep. by its Registrar, Hyderabad-7. The Deputy Director, State Audit, Government of Telangana, Osmania<br>University, Hyderbad-7.
-
- State of Telengana, rep. by its Principal Secretary, Department of Higher Education, Secretariat, Hyderabad-500022.
...RESPONDENTS
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 any writ, order or direction particularly one in the nature of WRIT OF MANDAMUS declaring the proceedings No.MR-493/152/1989/Adm.I-1, dt.14-10-2019 and No. /UAD/Gaz/2019 dt.23-10-2019 ordering recovery of excess payment of pay and allowances made from 27-07-1998 amounting to Rs.6,02,072/- and all consequential proceedings as arbitrary, illegal and violative of Art.14 and 21 of the Constitution of India, besides the UGC regulations and by nullifying the same direct the respondents to restore two reader increments along with the monetary benefits and non-recovery of payment.
IA NO: 1 OF 2019
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 suspend proceedings No.MR-493/152/1989/Adm.I-1, dt.14-10-2019 and No. /UAD/Gaz/2019 dt.23-10-2019 ordering recovery of excess payment of pay and allowances made from 27-07-1998 amounting to Rs.6,02,072/-.
WRIT PETITION NO: 4783 OF 2020
Prof. Y. Vishnu Priya, W/o. Sri A. Satyanarayana, aged 60 years, Occ: Professor (Retd.), Department of Law, University College of Law, Osmania University, Hyderabad. R/o.Flat No.304, Sumedha Apartments, Habsiguda, Street No.2, Hyderabad-500007.
AND
Between:
...PETITIONER
-
- Osmania University, Rep. by its Registrar, Hyderabad-7.
-
- The Deputy Director, State Audit, Government of Telangana, Osmania
- University, Hyderabad-7.
-
- State of Telengana, Rep. by its Principal Secretary, Department of Higher Education, Secretariat, Hyderabad-500022.
...RESPONDENTS
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 any writ, order or direction particularly one in the nature of WRIT OF proceedings No.MR.43/230/1997/Adm.II-2, MANDAMUS declaring the dt.26/02/2020 and No.72/UAD/Gaz/2020 dt.28/02/2020 ordering recovery of excess payment of pay and allowances made from 07/04/2006 amounting to Rs.31,593/and all consequential proceedings as arbitrary, illegal and violative of Art.14 and 21 of the Constitution of India, besides the UGC regulations and by nullifying the same direct the respondents to restore two increments along with the monetary benefits.
IA NO: 1 OF 2020
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 suspend proceedings No.MR.43/230/1997/Adm.II-2, dt.26/02/2020 and No.72/UAD/ Gaz/2020 dt.28/02/2020 issued by the 1st Respondent-University, pending disposal of the above writ petition.
WRIT PETITION NO: 6794 OF 2020
Between:
Prof.S.Anjaiah, S/o Sri Mallaiah, aged 66 years, Associate Professor, Nizam College, Osamania University, H.No.2-2-1076/1/A, Tilaknagar, Hyderabad.
...PETITIONER
AND
- Osmania University, rep., by its Registrar, Hyderabad-7. The Deputy Director, State Audit, Government of Telangana, Osmania University, Hyderbad-7.
-
- State of Telengana, rep., by its Principal Secretary, Department of Higher Education, Secretariat, Hyderabad-500022.
...RESPONDENTS
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 any writ, order or direction particularly one in the nature of WRIT OF MANDAMUS declaring the proceedings No.DD.SAOU.No.805/A3/UGC RSP-06/2014-15, dated 26/02/2015 effecting recovery of excess payment of pay and allowances amounting to Rs.3,55,698/- and all consequential proceedings as arbitrary, illegal and violative of Art.14 and 21 of the Constitution of India, besides the UGC regulations and by nullifying the same direct the respondents to refund the amount and also refix the pension and other benefits without reference to the impugned proceedings.
WRIT PETITION NO: 11001 OF 2020
Between:
Prof. Y. Vishnu Priya, W/o. Sri A. Satyanarayana, aged 60 years, Occ: Professor (Retd.), Department of Law, University College of Law, Osmania University, Hyderabad. R/o.Flat No.304, Sumedha Apartments, Habsiguda, Street N
AND
...PETITIONER
-
- Osmania University, rep., by its Registrar, Hyderabad-7.
-
- The Deputy Director, State Audit, Government of Telangana, Osmania University, Hyderbad-7.
-
- State of Telengana, rep., by its Principal Secretary, Department of Higher Education, Secretariat, Hyderabad-500022.
...RESPONDENTS
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 any writ, order or direction particularly one in the nature of WRIT OF MANDAMUS declaring the proceedings No.127/UAD/Gaz/2020, dt. 07.07.2020 ordering recovery of excess payment made from 07.04.2006 to 25.11.2013 with monetary benefit from 09.05.2007 in reader scale amounting to Rs.2,94,913/- from pensionary benefits and difference of monetary benefit from promotion to Professor w.e.f. 07.04.2012 notionally with monetary benefit from 26.11.2013 amounting to Rs.4,72,209/- and all consequential proceedings as arbitrary, illegal and violative of Art.14 and 21 of the Constitution of India, besides the UGC regulations and by nullifying the same direct the respondents to restore two increments along with the monetary benefits.
IA NO: 1 OF 2020
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 suspend proceedings No./127/UAD/Gaz/2020, dt. 07.07.2020 issued by the 1st Respondent-University, pending disposal of the above Writ Petition.
WRIT PETITION NO: 13817 OF 2020
Between:
Dr. A. Nakula Reddy, S/o Sri A.Brahma Reddy, aged 60 years, Occ: Professor of Economics (Retired), University College of Arts and Social Sciences, Osmania University, Hyderabad, R/o D.No.13-2-102, Sainagar, Chaitanyapuri, Hyderabad 500 060. ...PETITIONER
AND
- Osmania University, rep. by its Registrar, Hyderabad-7 The Deputy Director, State Audit, Government of Telangana, Osmania University, Hyderbad-7.
-
- State of Telengana, rep. by its Principal Secretary, Department of Higher Education, Secretariat, Hyderabad-500022.
...RESPONDENTS
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 any writ, order or direction particularly one in the nature of WRIT OF MANDAMUS declaring the Proceedings Lr.No.470/ U1AD/Gaz/2020, dt.18/08/2020 andLr.No.MR-185/357/89/Adm.1-2, Dt.04/08/2020 ordering recovery of excess payment of pay and allowances made from 23/10/1998 to 30/06/2020, amounting to Rs.6,09,623/- issued by the 1<sup>st</sup> respondent University and all consequential proceedings as arbitrary, illegal and violative of Art.14 and 21 of the Constitution of India, besides the UGC regulations and by nullifying the same direct the respondents not to recover.
IA NO: 1 OF 2020
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 suspend the proceedings Lr.No.470/UIAD/Gaz/2020, dt.18/08/2020 and Lr.No.MR-185/357/89/Adm.1-2, Dt. 04/08/2020 ordering recovery of excess payment of pay and allowances made from 23/10/1998 to 30/06/2020 issued by the 151 respondent-University.
WRIT PETITION NO: 14680 OF 2020
Dr. D.Lalith Kumar, S/o Kheemya, aged 60 years, Occ: Professor of Public Administration (Retired), University College of Arts and Social Sciences, Osmania University, Hyderabad, R/o. Flat No.308, VICS Residency, Pet Bashee Jeedimetla Village, Medchal Road, Hyderabad - 500055.
...PETITIONER
AND
Between:
- Osmania University, rep. by its Registrar, Hyderabad-7. The Deputy Director, State Audit, Government of Telangana, Osmania
- The Deputy Brieston, State Hash, Several Secretary, Department of Higher<br>University, Hyderabad-7. State of Telengana, rep., by its Principal Secretary, Department of Higher<br>Education, Secretariat,
...RESPONDENTS
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 any writ, order or direction particularly one in the nature of WRIT OF MANDAMUS declaring the Proceedings Lr.No.140/UAD/Gaz/2020 dt. 28/08/2020
$\overline{7}$
and Lr.No.MR-55/322/1989/Adm.1-2, dt. 13/03/2020 ordering recovery of excess payment of pay and allowances made from 01/09/2008 to 01/09/2011 in the Reader cadre and from 02/09/2011 to 30/09/2019 in Professor cadre amounting to Rs.11,05,410/- issued by the 1st respondent-University and all consequential proceedings as arbitrary, illegal and violative of Art.14 and 21 of the Constitution of India, besides the UGC regulations and by nullifying the same direct the respondents to compensate the delayed payment of pensionary benefits with interest.
IA NO: 1 OF 2020
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 suspend the proceedings Lr.No.140/UAD/Gaz/2020 dt. 28/08/2020 and Lr.No.MR-55/322/1989/Adm.1-2, dt. 13/03/2020 ordering recovery of excess payment of pay and allowances made from 01/09/2008 to 30/09/2019 issued by the 1st Respondent-University.
WRIT PETITION NO: 15813 OF 2020
Between:
Prof. S.Satyanarayana Singh, S/o Late Shiva Shankar, aged 60 years, Occ: Retired Professor in Biochemistry, University College of Science, Osmania University, R/o 2-19-80/1/8, East Kalyanpuri Uppal, Ranga Reddy District- 5
AND
...PETITIONER
-
- Osmania University, rep. by its Registrar, Hyderabad-7.
- The Deputy Director, State Audit, Government of Telangana, Osmania<br>University, Hyderabad-7.
-
- State of Telengana, rep. by its Principal Secretary, Department of Higher Education, Secretariat, Hyderabad-500022.
...RESPONDENTS
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 any writ, order or direction particularly one in the nature of WRIT OF MANDAMUS declaring the Proceedings Lr.No.158/UAD/Gaz/2020, dt. 08/09/2020 and Lr.No.MR-189/290/1988/Adm.1-I, dt. 10/08/2020 ordering recovery of excess from $27/07/1998$ to $31/10/2019$ , amounting to Rs.7,58,450/- issued by the 1st Respondent-University and all consequential proceedings as arbitrary, illegal and violative of Art14 and 21 of the Constitution of India, besides the UGC regulations and by nullifying the same direct the respondents not to recover.
IA NO: 1 OF 2020
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 suspend the proceedings Lr.No.158/UAD/Gaz/2020, dt. 08/09/2020 and Lr.No. MR-189/290/1988/Adm.1-I,dt.10/08/2020 ordering recovery of excess from 27/07/1998 to 31/10/2019 issued by the 1<sup>st</sup> Respondent-University.
WRIT PETITION NO: 17552 OF 2020
Between:
Prof. G. Prasad, S/o Late G. Sanjeev Rao, aged 59 years, Associate Professor, Department of Physics, University College of Science, Osmania University, R/o. Plot No.111, Road No.3, Sri Raghavendra Nagar, Uppal, Hyderabad -
...PETITIONER
AND
- Osmania University, rep. by its Registrar, Hyderabad-7. The Deputy Director, State Audit, Government of Telangana, Osmania<br>University, Hyderbad-7.
-
- State of Telengana, rep. by its Principal Secretary, Department of Higher Education, Secretariat, Hyderabad-500022.
...RESPONDENTS
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 any writ, order or direction particularly one in the nature of WRIT OF Proceedings Lr.No.MR-184/130/1989/Adm.1-1, MANDAMUS declaring the dt.04/08/2020 by the University, and vide Lr.No.200/UAD/Gaz/2020, dt. 28/09/2020, ordering recovery of excess payment made from 27/07/1998 to 30/09/2020 amounting to Rs.12,87,056/- and also Lr.No.201/UAD/Gaz/2020, dt. 28/09/2020 ordering recovery of Rs.6,070/- towards excess payment from 01/07/2006 to 30/06/2019 from the salary for the month of September, 2020 issued by the respondent-University and all consequential proceedings as arbitrary, illegal and violative of Art.14 and 21 of the Constitution of India, besides the UGC regulations and by nullifying the same direct the respondents not to recover the same.
IA NO: 1 OF 2020
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 suspend the proceedings Lr.No.MR-184/130/1989/Adm.1-1, dt. 04/08/2020 by the University, and Lr.No.200/UAD/Gaz/2020, dt.28/09/2020 ordering recovery of excess payment of pay and allowances made from 27/07/1998 to 30/09/2020 amounting to Rs.12,87,056/- and also Lr.No.201/UAD/Gaz/2020, dt. 28.09.2020 ordering recovery of Rs.6,070/- towards excess payment from 01/07/2006 to 30/06/2019 from the salary for the month of September, 2020 issued by the 1<sup>st</sup> respondent-University.
WRIT PETITION NO: 17619 OF 2020
Between:
Prof Dharavath Balaramulu, S/o Manya, aged 60 years, Occ: Professor (Retd.) in the Department of Education, Osmania University, 1-82/11/1, Veera Reddy Nagar, Street No.8, Boduppal, Hyderabad 500-092.
...PETITIONER
$\mathbf{Q}$
- Osmania University, rep. by its Registrar, Hyderabad-7.
- The Deputy Director, State Audit, Government of Telangana, Osmania 2. University, Hyderabad.
-
- State of Telengana, rep. by its Principal Secretary, Department of Higher Education, Secretariat, Hyderabad-500022.
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 any writ, order or direction particularly one in the nature of WRIT OF MANDAMUS declaring the Proceedings Lr.No.MR-785/Pre-Audit/Gaz/2020, dt. 30/09/2020 by the University, and vide Lr.No.197/UAD/Gaz/2020, dt. 24/09/2020, ordering recovery from 14/12/2006 to 13/12/2009 and in AGP-5 increment from 26-11-2013 to 31/03/2020 for Rs.2,59,015/- issued by the $1^{st}$ respondent-University and all consequential proceedings as arbitrary, illegal and violative of Art.14 and 21 of the Constitution of India, besides the UGC regulations and by nullifying the same direct the respondents not to recover the same.
IA NO: 1 OF 2020
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 suspend the proceedings Lr.No.MR-785/Pre-Audit/Gaz/2020, dt. 30/09/2020 by the University, and vide Lr.No.197/UAD/Gaz/2020, dt. 24/09/2020, ordering recovery from 14/12/2006 to 13/12/2009 and in AGP-5 increment from 26/11/2013 to 31/03/2020 for Rs.2,59,015/- towards excess payment from 01/07/2006 to 30/06/2019 from the salary for the month of September, 2020 issued by the la respondent-University.
Between:
WRIT PETITION NO: 18402 OF 2020
Dr.Shivaraj, S/o Sri Ashanna, aged 60 years, Department of Chemistry, University College of Science, Osmania University, Hyderabad, R/o No.2-17-126/36, Annapoorna Nagar, Uppal, Hyderabad - 500 039.
...PETITIONER
AND
-
- Osmania University, rep. by its Registrar, Hyderabad-7.
- The Deputy Director, State Audit, Government of Telangana, Osmania $2.$ University, Hyderbad-7.
-
- State of Telengana., rep. by its Principal Secretary, Department of Higher Education, Secretariat, Hyderabad-500022.
...RESPONDENTS
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 writ, order or direction particularly one in the nature of WRIT OF MANDAMUS declaring the Proceedings Lr.No.MR-241/206/1986/Adm.I-1, dt. 21/09/2020 by the University, and vide Lr.No.203/UAD/Gaz/2020, dt. 05/10/2020, ordering recovery of excess payment made from 19/08/1997 to 08/05/2007 resultant
to amount Rs.1,57,166/- and Lr.No.204/UAD/Gaz/2020, dt. 05/10/2020 ordering recovery of excess pay and allowances from 01/07/2011 to 30/06/2018 amounting to Rs.1,723/- of the 2nd respondent and all consequential proceedings as arbitrary, illegal and violative of Art.14 and 21 of the Constitution of India, besides the UGC regulations and by nullifying the same direct the respondents not to recover the same.
IA NO: 1 OF 2020
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 suspend the proceedings Lr.No.MR-241/206/1986/Adm.I-1, dt. 21/09/2020 by the University, and Lr.No.203/UAD/Gaz/2020, dt. 05/10/2020 ordering recovery of excess payment of pay and allowances made from 19/08/1997 to 08/05/2007 resultant to amount Rs.1,57,166/- and Lr.No.204/UAD/Gaz/2020, dt. 05/10/2020 of the 2<sup>nd</sup> respondent ordering recovery of excess pay and allowances from 01/07/2011 to 30/06/2018 amounting to Rs.1,723/-.
WRIT PETITION NO: 19228 OF 2020
Between:
Prof. V.Vanita Das, D/o V.Manohar Das, aged 60 years, Dept. of Zoology, University College of Science, Osmania University, 1-1-725/C, Gandhi Nagar, New Bakaram, Hyderabad 500 080. ...PETITIONER
AND
-
- Osmania University, rep. by its Registrar, Hyderabad-7
-
- The Deputy Director, State Audit, Government of Telangana, Osmania University, Hyderbad-7.
-
- State of Telengana, rep. by its Principal Secretary, Department of Higher Education, Secretariat, Hyderabad-500022.
...RESPONDENTS
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 any writ, order or direction particularly one in the nature of WRIT OF MANDAMUS declaring the Proceedings with Lr.No.208/UAD/Gaz/2020, dt. 07/10/2020 by the 2nd respondent which has undertaken refixation of petitioner pay in the scale of Rs.12000-18300 duly with drawing Ph.D. Increments, AGP Stage "5" increment and recovery of FPI subject to recovery of excess paid pay and allowances in reader Scale from 27.07.1998 to 06/08/2008 and in Professor scale from 07/08/2008 to 31/07/2020 amounting to Rs.12,74,863/- and all consequential proceedings as arbitrary, illegal and violative of Art.14 and 21 of the Constitution of India, besides the UGC regulations and by nullifying the same direct the respondents not to recover the same.
IA NO: 1 OF 2020
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 suspend the Proceedings Lr.No.208/UAD/Gaz/2020, dt. 07.10.2020 by the 2nd respondent which has undertaken refixation of my pay in the scale of Rs.12000-18300 duly with drawing Ph.D. Increments, AGP Stage "5" increment and recovery of FPI subject to recovery of excess paid pay and allowances in reader Scale from 27.07.1998 to 06.08.2008 and in Professor scale from 07.08.2008 to 31.07.2020 amounting to Rs.12,74,863/- issued by the rd respondent-University.
WRIT PETITION NO: 19948 OF 2020
Between:
T.Vijay Kumar, S/o. Late T. L. Narsimha Rao, aged 61 years, Occ: Professor (Retd.), Department of English, University College of Arts and Sciences, Osmania University, Hyderabad, R/o. 'Abhiruthi', 11-170, R.K.Puram, Hydera
...PETITIONER
AND
- Osmania University, rep. by its Registrar, Hyderabad-7. The Deputy Director, State Audit, Government of Telangana, Osmania University, Hyderbad-7.
- State of Telengana, rep. by its Principal Secretary, Department of Higher<br>Education, Secretariat, Hyderabad-500022
...RESPONDENTS
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 any writ. order or direction particularly one in the nature of WRIT OF MANDAMUS declaring the proceedings No.MR-24/12/1993/Adm.1-2, dated 01/02/2020 by the University, and the Proceedings No.226/UAD/Gaz/2020, dated 04.10/11.2020 by the 2nd respondent, ordering recovery of excess payment made from 27.07.1998 to 30/11/2019 amounting to Rs.13,52,911/- issued by the 1st respondent-University and all consequential proceedings as arbitrary, illegal and violative of Art.14 and 21 of the Constitution of India, besides the UGC regulations and by nullifying the same direct the respondents not to recover.
IA NO: 1 OF 2020
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 suspend the proceedings the proceedings No.MR-2L/12/1993/Adm.1-2, dated 01.02.2020 by the University, and the Proceedings No.226/UAD/Gaz/2020, dated 04.10/ 11.2020 by the rd respondent, ordering recovery of excess payment made from 27.07.1998 to 30.11.2019 amounting to Rs.13,52,911/- issued by the 1st respondent-University, pending disposal of the above Writ Petition.
WRIT PETITION NO: 20061 OF 2020
Between:
Dr. S. Karnakar Reddy, S/o Sri S.Venkat Reddy, aged 59 years, Occ: Asst. Professor (Retd.), Dept. of Botany, University College of Science, Osmania University, Hyderabad, R/o No.8-43-8/4, Rajasekhar Colony, Boduppal, Hyder
...PETITIONER
-
- Osmania University, rep. by its Registrar, Hyderabad-500007
- The Deputy Director, State Audit, Government of Telangana, Osmania $2.$ University, Hyderbad-500007.
-
- State of Telangana, rep. by its Principal Secretary, Department of Higher Education, Secretariat, Hyderabad-500022
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 any writ, order or direction particularly one in the nature of WRIT OF MANDAMUS declaring the Proceedings No. Proceedings No.219/UAD/Gaz/ 2020, dt. 22/10/2020 ordering recovery of excess paid pay and allowances from 01/07/2011 to 31/05/2020 amounting to Rs.3,69,216/- issued by the 2nd respondent-University and all consequential proceedings as arbitrary, illegal and violative of Art.14 and 21 of the Constitution of India, besides the UGC regulations and by nullifying the same direct the respondents not to recover.
IA NO: 1 OF 2020
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 suspend the Proceedings No.219/UAD/Gaz/2020, dt. 22-10-2020 ordering recovery of excess paid pay and allowances from 01.07.2011 to 31.05.2020 amounting to Rs.3,69,216/- issued by the 2nd Respondent-University, pending disposal of the above Writ Petition.
Between:
WRIT PETITION NO: 20223 OF 2020
Prof. Charu Chandra Giri, S/o Late Sri Upendra Nath Giri, Aged 60 years, Occ: Professor, Centre for Plant Molecular Biology (CPMB), Osmania University, Hyderabad-500 007. R/o Plot No.86, Street No.4, Balaji Enclave, Uppal, 500 039. Telangana.
AND
...PETITIONER
-
- Osmania University, Rep. by its Registrar, Hyderabad-500007.
-
- The Deputy Director, State Audit, Government of Telangana, Osmania University, Hyderabad-500007.
-
- State of Telengana, Rep. by its Principal Secretary, Department of Higher Education, Secretariat, Hyderabad.
...RESPONDENTS
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 any Writ, order or direction particularly one in the nature of WRIT OF MANDAMUS declaring the Proceedings No.MR-289/176/92/Adm.1-1, dated 07/11/2020 of the University, basing on some audit objections raised vide Lr.No.229/UAD/ Gaz/2020, dated 09/11/2020, ordering recovery of excess payment made from 10.06.2007 to 31.03.2020 amounting to Rs.12,00,800/- issued by the 1st respondent-University as arbitrary, illegal and violative of Art.14 and 21 of the Constitution of India, besides the UGC regulations and by nullifying the same direct the respondents not to recover.
IA NO: 1 OF 2020
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 suspend the Proceedings No.MR-289/176/92/Adm.1-1, dated 07/11/2020 Lr.No.229/UAD/ Gaz/2020, dated 09/11/2020 ordering recovery of excess paid pay and allowances from 10.06.2007 to 31/03/2020 issued by the 1st respondent-University, pending disposal of the above Writ Petition.
Between:
WRIT PETITION NO: 20698 OF 2020
Prof.G.Ram Reddy, S/o Late Sri G. Madhusudhan Reddy, Aged 60 years, Professor (Retd.), Department of Political Science, Osmania University, Hyderabad-500 007, R/o Flat No.501, Omsri Sai Towers, Street No.19, Himayatnagar,
AND
...PETITIONER
- Osmania University, Rep. by its Registrar, Hyderabad-500007. The Deputy Director, State Audit, Government of Telangana, Osmania University, Hyderabad-500007.
-
- State of Telengana, Rep. by its Principal Secretary, Department of Higher Education, Secretariat, Hyderabad-500022.
...RESPONDENTS
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 any Writ, order or direction particularly one in the nature of WRIT OF MANDAMUS declaring the Proceedings No.228/UAD/Gaz/2020, dated 05/10/2020 of the 1st Respondent University intimating recovery of excess payment made from 02/09/2011 to 30/09/2020 as arbitrary, illegal and violative of Art.14 and 21 of the Constitution of India, besides the UGC regulations and by nullifying the same direct the respondents not to recover.
IA NO: 1 OF 2020
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 suspend the Proceedings Lr.No.228/UAD/Gaz/2020, dated 05/10/2020, intimating recovery of excess payment made from 02/09/2011 to 30/09/2020 issued by the 1st respondent-University, pending disposal of the above Writ Petition.
Between:
WRIT PETITION NO: 20983 OF 2020
Dr. Ram Raj Mathur, S/o. Sri Jai Raj Mathur, aged 61 years, Occ: Asst. Professor, Dept. of Geophysics, University College of Science, Osmania University, Hyderabad-500007,<br>R/o. H.No.1-31-59/4 Sri Satya Sai Enclave Milatry Dairy Farm Road, Secunderabad-
AND
...PETITIONER
- Osmania University, rep. by its Registrar, Hyderabad-500007.
- The Deputy Director, State Audit, Government of Telangana, Osmania<br>University, Hyderbad-500007.
-
- State of Telengana, rep. by its Principal Secretary, Department of Higher Education, Secretariat, Hyderabad-500022.
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 any writ, order or direction particularly one in the nature of WRIT OF MANDAMUS declaring the Proceedings No.227/UAD/Gaz/2020, dt. 04/11/10/2020 ordering recovery of excess payment made from 14/05/2011 to 30.04.2020 amounting to Rs.3,90,125/- issued by the 1st respondent-University and all consequential proceedings as arbitrary, illegal and violative of Art.14 and 21 of the Constitution of India, besides the UGC regulations and by nullifying the same direct the respondents not to recover.
IA NO: 1 OF 2020
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 suspend the Proceedings No.227/UAD/Gaz/2020, dt. 04/11/10/2020 ordering recovery of excess payment made from 14/05/2011 to 30/04/2020 amounting to Rs.3,90,125/- issued by the 1<sup>st</sup> Respondent-University.
WRIT PETITION NO: 741 OF 2021
Between:
Prof. A. Sadananda Chary, S/o. Sri A. Gangaram, aged 60 years, Former Professor of Physics & Director, B.C. Cell, Dept. of Physics, Osmania University, Hyderabad-500007, R/o 17-127/124,Rd No.3, Sri Raghavendra Nagar, Uppal 500 039.
AND
...PETITIONER
-
- Osmania University, rep. by its Registrar, Hyderabad-500007.
-
- The Deputy Director, State Audit, Government of Telangana, Osmania University, Hyderabad-500007.
- State of Telengana, rep. by its Principal Secretary, Department of Higher Education, Secretariat, Hyderabad-500022.
...RESPONDENTS
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 any writ, order or direction particularly one in the nature of WRIT OF declaring the Proceedings Lr.No.276/UAD/Gaz/2020, dated MANDAMUS 30.12.2020 ordering recovery of excess payment made from 29.12.1998 to 31.12.2020 in Professor Scale amounting to Rs.12,93,745/-issued by the 2nd respondent and all consequential proceedings as arbitrary, illegal and violative of Art.14 and 21 of the Constitution of India, besides the UGC regulations and by nullifying the same direct the respondents not to recover.
IA NO: 1 OF 2021
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 suspend the proceedings Lr.No.276/UAD/Gaz/2020, dated 30.12.2020 ordering recovery of excess payment issued by the 2nd respondent.
WRIT PETITION NO: 939 OF 2021
Prof. C. Venugopal Rao, S/o. Late Sri C. Bapu Rao, aged 60 years, Occ: Professor of Geography (Retired), University College of Science, Osmania University, Hyderabad.<br>R/o. A.R. Elegance, C-3, SBI Colony, Bagh Amberpet, Hyderabad-500013.
...PETITIONER
AND
Between:
- Osmania University, Rep. by its Registrar, Hyderabad-500007
-
- The Deputy Director, State Audit, Government of Telangana, Osmania University, Hyderabad-500007.
-
- State of Telengana, Rep. by its Principal Secretary, Department of Higher Education, Secretariat, Hyderabad-500022.
...RESPONDENTS
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 any writ, order or direction particularly one in the nature of WRIT OF MANDAMUS declaring the Proceedings Lr.No.01/UAD/Gaz/2020, dated -12-2020/ 02/01/2021 ordering recovery of excess payment made from 05/12/1998 to 31/10/2020 in Professor Scale amounting to Rs.13,08,182/- issued by the 2nd respondent and all consequential proceedings as arbitrary, illegal and violative of Art.14 and 21 of the Constitution of India, besides the UGC regulations and by nullifying the same direct the respondents not to recover.
IA NO: 1 OF 2021
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 suspend the proceedings Lr.No.01/UAD/Gaz/2020, dated -12-2020/02/01/2021 ordering recovery of excess payment issued by the 2nd respondent.
Between:
WRIT PETITION NO: 1108 OF 2021
Prof. P.V.Narasimha Prasad, S/o Late Sri PMK Patnaik, aged 60 years, Professor, Department of Electrical Engineering, University College of Engineering, Osmania<br>University, Hyderabad, R/o 1-8-104, Rd.No.1, Vidyutnagar, New Dilsukhnagar, Hyderabad - 500 060. ...PETITIONER
AND
-
- Osmania University, Rep. by its Registrar, Hyderabad-500007
- The Deputy Director, State Audit, Government of Telangana, Osmania-University, Hyderabad-500007. $2.$
- State of Telangana, Rep. by its Principal Secretary, Department of Higher Education, Secretariat, Hyderabad-500022. 3.
...RESPONDENTS
$10$ 16
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 any writ, order or direction particularly one in the nature of WRIT OF MANDAMUS declaring the Proceedings Lr.No.871/UAD/Gaz/2021, dated 08/01/2021 of the Respondent University, ordering recovery of excess payment made from 27/07/2006 to 30/06/2020 in Professor scale amounting to Rs.6,25,950/and all consequential proceedings as arbitrary, illegal and violative of Art.14 and 21 of the Constitution of India, besides the UGC regulations and by nullifying the same direct the respondents not to recover.
IA NO: 1 OF 2021
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 suspend the proceedings Lr.No.871/UAD/Gaz/2021, dated 08/01/2021 ordering recovery of excess payment issued by the Respondent University.
WRIT PETITION NO: 1167 OF 2021
Between:
Prof. P. Veera Somaiah, S/o. Sri Sathaiah, Aged 60 years, Occ. Professor in Chemistry, University College of Science, Osmania University, Hyderabad-500 007, R/o.Flat No.302, S.V.S.Nest, Plot No.28 and 29, Gokul Nagar, Tarn
...PETITIONER
AND
- Osmania University, Rep. by its Registrar, Hyderabad-500007.
- The Deputy Director, State Audit, Government of Telangana, Osmania University, Hyderabad-500007
-
- State of Telengana, Rep. by its Principal Secretary, Department of Higher Education, Secretariat, Hyderabad-500022.
...RESPONDENTS
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 any writ, order or direction particularly one in the nature of WRIT OF MANDAMUS declaring the Proceedings No.06/UAD/ Gaz/2021, dated 07/01/2021 ordering recovery of excess payment made from 27/07/1998 to 30/11/2020 in Professor Scale amounting to Rs.13,22,240/- issued by the 2nd respondent and all consequential proceedings as arbitrary, illegal and violative of Art.14 and 21 of the Constitution of India, besides the UGC regulations and by nullifying the same direct the respondents not to recover.
IA NO: 1 OF 2021
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 suspend Proceedings No.06/UAD/ Gaz/2021, dated 07/01/2021 ordering recovery of excess payment issued by the 2nd respondent University.
Between:
WRIT PETITION NO: 1825 OF 2021
Prof. R. Shyam Sunder, S/o. Sri Samelu, Aged 59 years, Professor of Chemical Engineering, University College of Technology(A), Osmania University, Hyderabad - 500 007, MIG II 194, KPHB Colony, 9th phase, Kukatpalli, Hydera ...PETITIONER AND
- Osmania University, Rep. by its Registrar, Hyderabad-500007. The Deputy Director, State Audit, Government of Telangana, Osmania University, Hyderabad-500007.
-
- State of Telengana, Rep. by its Principal Secretary, Department of Higher Education, Secretariat, Hyderabad-500022.
...RESPONDENTS
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 any writ, order or direction particularly one in the nature of WRIT OF MANDAMUS declaring the Proceedings Lr.No.14/UAD/Gaz/2021, dated 16/01/2021 has undertaken refixation of my pay in the scale of Rs.12000-18300 while approving in UGC RSP 2016 ordered recovery of excess payment made from 07/08/2008 to 31/12/2020 in Professor scale amounting to Rs.6,95,357/- issued by the 2nd respondent and all consequential proceedings as arbitrary, illegal and violative of Art.14 and 21 of the Constitution of India, besides the UGC regulations and by nullifying the same direct the respondents not to recover.
IA NO: 1 OF 2021
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 suspend the proceedings Lr.No.14/UAD/Gaz/2021, dated 16/01/2021 ordering recovery of excess payment issued by the 2nd respondent.
WRIT PETITION NO: 2400 OF 2021
Between:
Dr.R.Sandhya, W/o Sri T.Sudhakar Reddy, aged 59 years, Occ: Assistnat Professor, Department of Physics, University College of Science, Osmania University, Hyderabad, Rio. H.No.503-4, Vishnu Sedan Apartments, 10-2-289/93, Shanti Nagar, Masab Tank, Hyderabad-500 028.
...PETITIONER
AND
-
- Osmania University, rep. by its Registrar, Hyderabad-500007.
-
- The Deputy Director, State Audit, Government of Telangana, Osmania University, Hyderabad-500007.
18
- State of Telengana, rep. by its Principal Secretary, Department of Higher Education, Secretariat, Hyderabad-500022.
...RESPONDENTS
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 any writ, order or direction particularly one in the nature of WRIT OF MANDAMUS declaring the Proceedings Lr.No.24/UAD/ Gaz/2021, dated 27/01/2021 has undertaken refixation of the petitioners pay in the scale of Rs.12000-18300 while approving in UGC RSP 2016 withdrawing 3 increments, AGP Stages '3 to 5' increments and recovery of excess payment made from 19/05/2011 to 31/12/2020 amounting to Rs.3,91,434/- issued by the 2nd respondent and all consequential proceedings as arbitrary, illegal and violative of Art.14 and 21 of the Constitution of India, besides the UGC regulations and by nullifying the same direct the respondents not to recover.
IA NO: 1 OF 2021
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 suspend the Proceedings Lr.No.24/UAD/Gaz/2021, dated 27/01/2021 ordering recovery of excess payment issued by the 2nd respondent.
WRIT PETITION NO: 2596 OF 2021
Between:
Dr. T. Somaiah, S/o. Sri Sathaiah, aged 61 years, Occ: Assistant Professor (Retired) in<br>the Department of Physics, University College of Science, Saifabad, Osmania<br>University, Hyderabad, R/o. H.No.27-136/81/1, Rama Brahma Hyderabad-500086.
AND
-
- Osmania University, rep. by its Registrar, Hyderabad-500007.
-
- The Deputy Director, State Audit, Government of Telangana, Osmania University, Hyderabad-500007.
-
- State of Telengana, rep. by its Principal Secretary, Department of Higher Education, Secretariat, Hyderabad-500022.
...RESPONDENTS
...PETITIONER
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 any writ, order or direction particularly one in the nature of WRIT OF MANDAMUS declaring the Proceedings No.901/UAD/Gaz/2021, dated 20/01/2021 has undertaken refixation of the Petitioners pay in the scale of Rs.15,600-39, 100+7000 AGP while approving in UGC RSP 2016 withdrawing of Stages-2 increment and recovery of excess payment made from 07/09/2017 to 30/06/2019 amounting to Rs.53,783/- issued by the 2nd respondent and all consequential proceedings as arbitrary, illegal and violative of Art.14 and 21 of the Constitution of
lndia, besides the uGC regulations and by nullifying the same direct the respondents not to recover.
lA NO: 1 OF 2021
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 suspend the Proceedings No.901/UADlGazJ2021, dated 2010112021 ordering recovery of excess payment issued by the 2nd respondent.
Counsel for the Petitioner in all W.Ps.: Dr. P.B. VIJAY KUMAR
Counsel for the Respondent No.1 in all W'Ps.: SRt. CH. JAGANNADHA RAO' SC FOR OU
Counsel for the Respondent No'2 in all W.Ps.: GP FOR FINANCE & PLANNING Counsel for the Respondent No.3 in all W.Ps.: GP FOR HIGHER EDUCATION
The Court made the following: COMMON ORDER
HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
$W.P.Nos. 7855, 15641, 17728, 18822, 22819$ and 23642 of 2019. |
---|
4783, 6794, 11001, 13817, 14680, 15813, 17552, 17619, 18402, |
19228, 19948, 20061, 20223, 20698, 20983 of 2020, 741, 939, 1108, |
1167, 1825, 2400 and, 2596 of 2021 |
COMMON ORDER:
These Writ Petitions are being disposed of by this common order since the issue involved in all these writ petitions is one and the same.
The petitioners are challenging the action of the respondents in $2.$ recovering excess payments made towards pay and allowances as mentioned in the impugned proceedings after their retirement as Professors in the University. Admittedly, the petitioners retired from service. The petitioners contend that in view of the law laid down by the Hon'ble Supreme Court in State of Punjab Vs. Rafiq Masih<sup>1</sup>, wherein the Supreme Court has made it clear that amounts cannot be recovered from the retired employees, the impugned orders are liable to be set aside.
Learned Standing Counsel appearing for the respondents 3. contended that the excess amounts were erroneously paid to the petitioners and therefore, the respondents are entitled to recover the same from the petitioners.
This Court, having considered the rival submissions made by 4. both the parties, is of the considered view that the issue raised in all
$1(2015)$ 4 SCC 334
these writ petitions is squarely covered by the judgment of the Hon'ble Supreme Court in Rafiq Masih (cited supra) and in view of the said judgment, the impugned orders are liable to be set aside.
Accordingly, all the Writ Petitions are allowed and the $5.$ impugned orders are set aside. There shall be no order as to costs.
Miscellaneous petitions, if any, pending shall stand closed. 6.
//TRUE COPY//
SECTION OFFICER
ASSISTANT REGISTRAR
$7B$
SD/- N.CHANDRA SEKHAR RAO
To,
-
- The Registrar, Osmania University, Hyderabad.
-
- The Deputy Director, State Audit, Government of Telangana, Osmania
- University, Hyderabad. The Principal Secretary, Department of Higher Education, State of Telengana,<br>Secretariat, Hyderabad-500022.
- One CC to Dr. P.B. Vijay Kumar, Advocate [OPUC] Two CCs to GP for Finance and Planning, High Court for the State of Telangana at Hyderabad. [OUT] Two CCs to GP for Higher Education, High Court for the State of Telangana at
- Hyderabad. [OUT]
- One CC to Sri. Ch. Jagannadha Rao, SC FOR OU [OPUC] Two CD Copies
-
- One Spare Copy
CHR
HIGH COURT
DATED:11/06/2021
COMMON ORDER
W.P.Nos.7855, 15641, 17728, 18822, 22819 and 23642 of 2019, 4783, 6794, 11001, 13817, 14680, 15813, 17552, 17619, 18402, 19228, 19948, 20061, 20223, 20698, 20983 of 2020, 741, 939, 1108, 1167, 1825, 2400 and 2596 of 2021
ALLOWING THE WRIT PETITIONS WITHOUT COSTS
$\frac{2}{11} + \frac{1}{2}$