- (1.) Special leave granted.
(2.) The respondents were serving the Institute of Coastal and Offshore Research (INCOR) in different capacities. In the year 1989, the INCOR as a department was wound up and all the posts therein were abolished. The respondents sought a writ in the nature of mandamus from the Andhra Pradesh High Court seeking a direction that INCOR being a part of the Andhra University, the respondents were entitled to be absorbed in the University on equivalent posts. A learned single Judge of the High Court rejected the contention of the respondents that INCOR was a unit of the University. The learned single Judge, however, directed the University to frame a scheme to absorb the respondents in the service of the University in the existing and future vacancies. The learned single Judge dismissed the writ petition in the following terms:- "To my mind it will be neither just nor proper to draw an inference for the aforesaid material that INCOR was a wing of the University. Here so when the petitioners have not filed their appointment letters and their recruitment was not made as contemplated by the statutory provisions of the University. The Syndicate had indicated that it was not accepting any financial liability while approving this. Apparently the petitioners were aware that they were recruited by it otherwise they would have protested the time of their being appointed as employees of INCOR. The circumstance that the Vice-Chancellor and the University were members of the Board of Government of INCOR along with other persons does not mean that INCOR itself has become a part of the University. I am, therefore, not able to agree with such a contention and the cases cited by the learned counsel for the petitioners refer to a situation among different employees under the same employer. As it is found that the Andhra University is not the employer of the Petitioners it is difficult to apply the ratio of the said cases. It is not possible to hold that either the petitioners were employees of the Andhra University or INCOR was a wing of the Andhra University. The petitioners are not entitled to be treated as the employees of the University. They have been working in an institution which had some association with the University. It will be fair for the University to consider and absorb many employees of the INCOR as are eligible and willing to come in the service of the University in suitable posts and the existing vacancies or the vacancies which may arise at the foreseeable future. I am not suggesting that direct recruitment by University should be totally banned for this purpose. The University may evolve a suitable scheme for screening and employing suitable former staff of INCOR. It is brought to my notice that many of the petitioners have already become age barred in accordance with the existing rules of the University. The University may consider giving suitable relaxation in the matter of age in respect of the former employees of INCOR. By virtue of the interlocutory orders the petitioners have been receiving their salaries which were only in the nature of consolidated amount paid by the INCOR. It will be appropriate if the University takes an early decision about these matters be that the problem of these persons can be resolved to the extent possible. The authorities of the University will take a decision regarding the employees of INCOR within a period of four months from the date of receipt of this order. It is also appropriate that the petitioners are paid their existing salaries up to the end of July, 1991 and it is hoped that a decision will be taken before that date."
(3.) Pursuant to the directions of the learned Judge, the University framed the scheme called INCOR Judgment Scheme. The scheme came into operation with effect from August 1, 1991. We have been taken through the scheme. We are of the view that the scheme is fair and equitable and has been framed with the objective of absorbing the respondents in the service of the University in due course of time. We also commend the efforts of the University in trying to solve the human problem created by the winding up of the INCOR.;