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2025 DAILYLAW 11804 (AP)

Yagnavajhala Balaji Kumar Sarma v. The State of Andhra Pradesh

WP/8609/2022 · 2025-08-17

Kiranmayee Mandava

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

I t APHC010137562022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE EIGHTEENTH DAY OF AUGUST ^ TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 8609 OF 2022 Between: Yagnavajhala Balaji Kumar Sarma, S/o Srinivasa Sarma, Hindu, aged about 45 years, Occ. Archaka of Sri Malleswara Swamy Devasthanam, R/o Pedda Pavani Village, Linga Samudram Mandal Pradesh. Prakasam District, Andhra ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary (Department of Endowments) A.P.Secretariat, Velagapudi, Amaravathi, Andhra Pradesh. 2. The Accountant General A and E, 12-52, Enikepadu, Vijayawada, Andhra Pradesh-521108. 3. The Executive Officer, (Endowments), Rangarayudu Cheruvu, Ongole-523001, Ph. 98664 94252 4. The Assistant Commissioner, O/o the Assistant Commissioner Office, (Endowments), Rangarayudu Cheruvu, Ongole-523001 5. The Deputy Commissioner, Endowment Department, Guntur. 6. The Inspector, Endowment Department, Kandukuru. 7. The Commissioner, Endowment Department, AP 8. Pavani Lakshmi Narasimha Rao, Retired Teacher, C/o Utukuri Sudhakar, Provision Stores, Bus Stand Center, Pedda Pavani Village, Linga Samudram Mandal, Prakasam District-523115, Andhra Pradesh. Guntur District, C/o The assistant commissioner office. f Pedda Pavani 9. Utukuri Sudhakar, Provision Stores, Bus Stand Center Prakasam District-523115, Andhra Village, Linga Samudram Mandal - Pradesh. 10. Pyda Veeranjaneyulu, Manikanta Hirers, Devasthanam, Pedda Pavani Village, Linga Samudram Mandal, Prakasam District-523115, Andhra Pradesh 11. Kotturu Ramanjaneyulu, Small shop (Chillara Angadi) Beside Saibaba Devasthanam, Pedda Pavani Village, Linga Samudram Mandal, Prakasam 0pp. Venugopala Swamy District-523115, Andhra Pradesh. 12. Ravuri Subba Rao, Occ. Archaka of Sri Venu Gopala Swamy R/o Main Road, Pedda Pavani Village, Linga Samudram Devasthanam, Mandal, Prakasam District, Andhra Pradesh. 13. Suraparaju Balaji, Occ.Archaka of Saibaba Devasthanam, Main Road Pedda Pavani Village, Linga Samudram Mandal, Prakasam District-523115 Andhra Pradesh. ...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 more particularly one in the nature of Writ of Mandamus declaring the inaction of the Respondents/Autho rities in not Paying the Salary @Rs.7,000/- p.m., since 2015 till now including arrears of salary, if any, in spite of no. of requests made by the Petitioner to them as arbitrary, illegal, contrary to the Articles 21 and 300A of the Constitution of India and contrary to the law as laid down by this Hon'ble Court and against the Principles of Natural Justice and to direct the Respondents authorities to pay forthwith the Salary @Rs.7,000/- p.m., since 2015 till now including arrears of salary, if any, without fail and without any delay and for a consequential relief of handing over of temple keys to the Petitioner from Executive Officer (Respondent No.3) for the purpose of his continuance as the Devasthanam and for a consequential relief of Injunction Archaka in restraining unauthorized committee (Unofficial Respondents) at the instance < of the Executive Officer (Respondent No.3), from interfering with temple affairs, in the interest of Justice. lA NO: 1 OF 2022 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 authorities to pay forthwith the Salary @Rs.7,000/- p.m., since 2015 till now including arrears of salary, if any, without fail and without any delay, pending disposal of adjudication of Writ Petition, in the interest of Justice. Counsel for the Petitioner: SRI A RAVEENDRA BABU Counsel for the Respondents No.1, 4 to 7:GP FOR ENDOWMENTS Counsel for the Respondent No.2: GP FOR FINANCE Counsel for the Respondent No.3: SMT.DEVI SUBHASHINI ANNE , SC FOR ENDOWMENTS Counsel for the Respondents No.8 to 13: None appeared The Court made the following Order: APHC010137562022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] 0=^ MONDAY, THE EIGHTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 8609 OF 2022 Between: YAGNAVAJHALA BALAJI KUMAR SARMA, S/0 SRINIVASA SARMA HINDU, AGED ABOUT 45 YEARS, OCC. ARCH^AI^ MALLESWARA SWAMY DEVASTHANAM, R/0 PEDDA PAVANI VILLAGE, LINGA SAMUDRAM MANDAL, PRAKASAM DISTRICT, ANDHRA PRADESH. 1 ...PETITIONER AND ANDHRA PRADESH, REP.BY ITS PRINCIPAL ENDOWMENTS) AMARAVATHI, GUNTUR 1. THE STATE OF SECRETARY A.P.SECRETARIAT DISTRICT, ANDHRA PRADESH. OF (DEPARTMENT VELAGAPUDI ACCOUNTANT GENERAL A AND E, 12-52, ENIKEPADU, 2. THE VIJAYAWADA, ANDHRA PRADESH-521108. EXECUTIVE OFFICER, C/0 THE ASSISTANT COMMISSIONER (ENDOWMENTS),RANGARAYUDU CHERUVU, ONGOLE- 3. THE OFFICE, 523001, PH. 98664 94252 0/0 THE ASSISTANT 4 THE ASSISTANT COMMISSIONER, COMMISSIONER OFFICE, (ENDOWMENTS), RANGARAYUDU CHERUVU, ONGOLE-523001 COMMISSIONER, ENDOWMENT DEPARTMENT, 5. THE DEPUTY GUNTUR. 6. THE 7. THE COMMISSIONER, ENDOWMENT DEPARTMENT, AP INSPECTOR, ENDOWMENT DEPARTMENT, KANDUKURU 2 W.P.No.8609 of2022 8. PAVANI LAKSHMI NARASIMHA RAO, RETIRED TEACHER C/0 UTUKURI SUDHAKAR, PROVISION STORES, BUS STAND DDA VILLAGE, LINGA SAMUDRAM MANDAL PRAKASAM DISTRICT-523115, ANDHRA PRADESH. PROVISION STORES, BUS STAND DDA V"-I-AGE, LINGA SAMUDRAM MANDAL PRAKASAM DISTRICT-523115, ANDHRA PRADESH. MANIKANTA HIRERS VENUGOPALA SWAMY DEVASTHANAM VILLAGE, LINGA SAMUDRAM MANDAL 523115, ANDHRA PRADESH 11.KOTTURU RAMANJANEYULU, SMALL SHOP (CHILLARA ANGADI) BESIDE SAIBABA DEVASTHANAM, PEDDA PAVANI VILLAGE LINGA SAMUDRAM MANDAL, PRAKASAM DISTRICT-523115 ANDHRA PRADESH. 9. UTUKURI SUDHAKAR 10. PYDA VEERANJANEYULU, OPP. PEDDA PAVANI PRAKASAM DISTRICT- 12. RAVURI SUBBA RAO, OCC. ARCHAKA OF SRI VENU GOPALA SWAMY DEVASTHANAM, R/0 MAIN ROAD, PEDDA PAVANI VILLAGE, LINGA SAMUDRAM MANDAL, PRAKASAM DISTRICT ANDHRA PRADESH. 13.SURAPARAJU DEVASTHANAM, MAIN ROAD, PEDDA PAVANI VILLAGE SAMUDRAM MANDAL, PRADESH. BALAJI, OCC.ARCHAKA OF SAIBABA LINGA PRAKASAM DISTRICT-523115, ANDHRA ...RESPONDENT(S): Counsel for the Petitioner: 1.A RAVEENDRA BABU Counsel for the Respondent(S): 1.GUNDAVARAPU PADMAVALLI 2.G RAMANA RAO (SC FOR ENDOWMENTS RAYALASEEMAREGION) 3.GP FOR ENDOWMENTS 4.S MURALI MOHAN 3 KM,J W.P.No.8609 of 2022 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 8609 OF 2022 The Court made the following order: Heard Sri A.Ravindra Babu, learned counsel for the petitioner and learned Assistant Government pleader for Endowments appearing for the respondent Nos.1, 4 to 7 and Smt. Devi Subhashini Anne, learned Standing Counsel for respondent No.3. 2. The grievance of the petitioner is against the action of the respondents in not paying his salary of Rs.7,000/- per month since 2015. He seeks a direction to the respondents to pay the salary at the rate of Rs.7,000/- per month with effect from 2015 to till date. He has also sought a direction to allow the petitioner to render his services as Archaka in the temple. 3. It is stated that the petitioner has been working as an Archaka in the said temple since 1996. He was paid salary and Paditharam till 2015. However, the respondents have not paid any amount thereafter. Due to the COVID-19 pandemic, the temple was closed by the 3'"^ respondent-Executive Officer of the temple, who had kept the keys with him and the petitioner not allowed to discharge his duties. was 4. It is contended that the respondents have been engaging Archakas from the neighboring temples. Due to domestic and financial issues, the petitioner was forced to sell away his properties. Although he approached 4 KM,j W.P.No.8609 of 2022 higher authorities in the department requesting them to allow him to perform his duties as Archaka, no relief was granted. The petitioner contends that he had been performing archakatvam till 2015 and spent his personal funds towards the day to day expenses of the temple such as Nithya Dhoopa Deepa Nivedana. The respondents without considering the request of the petitioner have continued to engage outsiders, thereby depriving the petitioner of his livelihood. Hence, the petitioner has filed the present writ petition seeking payment of salary arrears and permission to resume his duties as Archaka in the temple. The 3^^^ respondent filed a counter affidavit stating that the petitioner, due to personal reasons, left the village without informing the Executive Officer. Thereafter, the 3'^'^ respondent requested the 12“^ respondent to 5. perform archakatvam in the subject temple on payment of same remuneration. Although the temple is having an extent of Ac.23.53 cents of dry land 6. only rain-fed crops are sown. Due to this, local farmers are not coming forward to participate in the auction for cultivating the lands of the temple. Consequently, the temple does not have sufficient income, and is currently facing a financial crunch. Therefore, the Executive Officer submitted a report to the Assistant Commissioner expressing their inability to pay the amounts claimed by the petitioner. 5 KM,J W.P.No.8609of2022 respondent vide proceedings dated 21.04.2022 sanctioned an amount of Rs.1,54,500/- to the petitioner. It was directed that the said amount to be paid from the funds of Sri Poleramma Temple, Kamepalli. But, the petitioner was not inclined to accept the said sum, although efforts were made by the office of the District Endowments Officer to th However, the 7 7. handover the cheque. It is further contended that the petitioner has claimed a total of 8. Rs.3,85,000/- as arrears of salary, calculated at the rate of Rs.7,000/- per month for the period from 01.12.2015 to 16.06.2020. Learned counsel appearing for the respondents submits that the temple 9. is not in a financial position to pay the salary as demanded by the petitioner at Rs.7,000/- per month. According to the temple records, the amount due to the petitioner is Rs.1,48,000/-. Having regard to the submissions made, this Court deems it appropriate to dispose of the writ petition with a direction to the 2'^^ respondent to pay the petitioner sum of Rs.1,54,500/-, which was offered earlier, pursuant to the proceedings dated 23.04.2022, towards the claim regarding the payment of salary, for the period from 01.12.2015 to 16.06.2020. As regards the other relief sought by the petitioner for continuing his services as an archaka in the said temple, the petitioner is at liberty to approach the concerned authorities 10. for such relief in accordance with law. 6 KM,j W.P.No.8609 of2022 In terms of the above, the Writ Petition is disposed of. There shall be order as to costs. 11. no As a sequel, all pending miscellaneous applications shall stand closed. //TRUE COPY// SECTIOliOfrebpp 1. The Principal Secretary (Department of Endowments) A.P.Secretariat, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh. 2. The Accountant General A and E, 12-52, Enikepadu, Vijayawada, Andhra Pradesh-521108. 3. The Executive Officer, C/o The assistant commissioner office, (Endowments),Rangarayudu cheruvu, Ongole-523001, Ph. 98664 94252 4. The Assistant OonTmissioner, O/o the assistant commissioner office, (Endowments), Rangarayudu Cheruvu, Ongole-523001 5. The Deputy Comrrrissioner, Endowment Department, Guntur. 6. The Inspector, Endowment Department, Kandukuru. 7. The Commissioner, Endowment Department, AP 8. One CC to SRI. A RAVEENDRA BABU, Advocate [OPUC] 9. One CC to SRI. GUNDAVARAPU PADMAVALLI Advocate [OPUC] 10. One CC to Smt. Devi Subhashini Anne, (SC FOR ENDOWMENTS) [OPUC] 11. Two CCS to GP for ENDOWMENTS, High Court of Andhra Pradesh [OUT] 12. Two CCs to GP for FINANCE, High Court of Andhra Pradesh. [OUT] 13. Two CD Copies To, vna HIGH COURT DATED:18/08/2025 ORDER WP NO. 8609 OF 2022 f 11 SEP 2025 "1 ^ Curteni Mciion ^^7 ^*'<i£ESPATC<^'^ DISPOSING OF THE WRIT PETITION WITHOUT COSTS