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2025 DAILYLAW 13867 (AP)

Bathula Chandra Babu, v. The Tirumala Tirupathi Devasthanams

WP/7373/2018 · 2025-06-29

Venkata Jyothirmai Pratapa

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Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI APHC010169062018 (Special Original Jurisdiction) MONDAY,THE THIRTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 7373 OF 2018 Between: Bathula Chandra Babu, S/o Chenchaiah, Aged about 36 years, Cleaner, SOS Arts College Hostel, TTDs, Tirupathi, R/o Tirupathi, Chittoor District. ...Petitioner AND 1. The Tirumala Tirupathi Devasthanams, Tirupathi, Chittoor District, Rep. by its Executive Officer. Devasthanams Educational Officer, Tirumala Tirupathi Devasthanams, Tirupathi, Chittoor District. 3. The Chief Warden, SGS Arts College Hostel, Tirumala Tirupathi Devasthanams, Tirupathi, Chittoor District. 2. The ...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 a Writ, Order or direction, more particularly one in the nature of Writ of Mandamus, calling for the records relating to proceedings Roc.No.Edn.5/23624/2001, dt.02.04.2016 and subsequent proceedings RocNo.Edn.5/23624/2001, dt.29.11.2017 from the file of the 1"* Respondent, and after pursuing the same, set aside the said proceedings, in so far as they relate to denial of pay and allowances to the Petitioner for the period from October, 2001 to 22.02.2011, by declaring them as arbitrary, discriminatory, illegal and contrary to the order dt.15.10.2001 passed in WP No.21410 of 2001, confirmed by the Hon’ble Supreme Court of India, and consequently declare that the Petitioner is entitled for regularization of his Cleaner in the 3"'^ Respondent w.e.f., 15.10.2001, in terms of Govt. Memo No.29126/Ents.lll/A2/2011 services as dt.11.09.2015, with all other consequential benefits, payment of salary for the period from 15.10.2001 to 22.02.2011, declaration of his probation w.e.f., 15.10.2003, sanction annual increments from October 2002 onwards. Special Grade Scales after completion of 6 years and 12 years, as has been done in respect of all other similarly situated Hostel workers in TTDs, and with all other consequential benefits, monetary otherwise. or lA NO: 1 OF 2024 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 grant Interim directions directing Respondents to consider and promote the Petitioner to the post of Server in the existing vacancies in TTDs Hostels, in the light of letter Roc.No.Edn.4/3225/DEO/2013dt.05.03.2018 of 2""' Respondent, pending disposal of the above Writ Petition. Counsel for the Petitioner: SRI V JAGAPATHI Counsel for the Respondent: SRI A SUMANTH (SC FOR TTD) The Court made the following: APHC010169062018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY,THE THIRTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 7373/2018 Between; 1.BATHULA CHANDRA BABU,, AGED ABOUT 36 YEARS, CLEANER, SGS ARTS COLLEGE HOSTEL, TTDS, TIRUPATHI, R/0 TIRUPATHI, CHITTOOR DISTRICT ...PETITIONER AND 1.THE TIRUMALA TIRUPATHI DEVASTHANAMS, TIRUPATHI, CHITTOOR DISTRICT, REP. BY ITS EXECUTIVE OFFICER 2.THE DEVASTHANAMS EDUCATIONAL OFFICER, TIRUMALA TIRUPATHI DEVASTHANAMS, TIRUPATHI, CHITTOOR DISTRICT 3.THE CHIEF WARDEN, SGS ARTS COLLEGE HOSTEL TIRUMALA TIRUPATHI DEVASTHANAMS, TIRUPATHI, CHITTOOR DISTRICT ...RESPONDENT{S); 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 toto issue a Writ, Order or direction, more particularly one in the nature of Writ of Mandamus, calling for the records relating to proceedings Roc.No.Edn.5/23624/2001, dt.02.04.2016 and subsequent proceedings RocNo.Edn.5/23624/2001, dt.29.11.2017 from the file of the 1st Respondent, and after pursuing the same, set aside the said proceedings, in so far as they relate to denial of pay and allowances to the Petitioner for the period from October, 2001 to 22.02.2011, by declaring them as arbitrary, discriminatory, illegal and contrary to the order dt.15.10.2001 passed in WP No.21410 of 2001, confirmed by the Honble Supreme Court of India, and consequently declare that the Petitioner is entitled for regularization of his services as Cleaner in the 3rd Respondent w.e.f, 15.10.2001, in terms of Govt Memo No.29126/Ents.lll/A2/2011, dt.11.09.2015, with all other consequential 2 benefits, payment of salary for the period from 15.10.2001 to 22.02.2011, declaration of his probation w.e.f., 15.10.2003, sanction annual increments from October 2002 onwards. Special Grade Scales after completion of 6 years and 12 years, as has been done in respect of all other similarly situated Hostel workers in TTDs, and with all other consequential benefits, monetary or otherwise and pass. lANO: 1 OF 2018 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 grant Interim directions, directing the Respondents to consider the last representation of the Petitioner dt.27.01.2018 for fixation of his pay applicable to the post of Cleaner notionally w.e.f., 15.01.01, in terms of the Govt Memo No.29126/Endts-lll/A2/2011, dt.11.09.15. Pending disposal of the main Writ Petition, and pass. lA NO: 1 OF 2024 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 pleased to grant Interim directions directing Respondents to consider and promote the Petitioner to the post of Server in the existing vacancies in TTDs Hostels, in the light of letter Roc.No.Edn.4/3225/DEO/2013 dt.05.03.2018 of 2nd Respondent, pending disposal of the above Writ Petition Counsel for the Petitioner: 1.V JAGAPATHI Counsel for the Respondent{S): 1 .A SUMANTH ( SC FOR TTD) 2.. The Court made the following: 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 7373/2018 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer: " to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus calling for the records relating to proceedings Roc.No.Edn.5/23624/2001, dt. 02.04.2016 and subsequent proceedings Roc.No.Edn.5/23624/2001, dt. 29.11.2017 from the file of the P* Respondent and after pursuing the same set aside the said proceedings in so far as they relate to denial of pay and allowances to the Petitioner for the period from October, 2001 to 22.02.2011 by declaring them as arbitrary discriminatory illegal and contrary to the order dt. 15.10.2001 passed in WP No. 21410 of 2001 confirmed by the Hon’ble Supreme Court of India and consequently declare that the Petitioner is entitled for regularization of his services as Cleaner in the 3''^ Respondent w.e.f 15.10.2001 in terms of Govt Memo No.29126/Ents.lll/A2/2011, dt. 11.09.2015 with all other consequential benefits payment of salary for the period from 15.10.2001 to 22.02.2011 declaration of his probation w.e.f 15.10.2003 sanction annual increments from October 2002 onwards. Special Grade Scales after completion of 6 years and 12 years as has been done in respect of all other similarly situated Hostel workers in TTDs and with all other consequential benefits monetary or otherwise. ” r i Heard Sri V.Jagapathi, learned counsel for the petitioner and 2. Sri A.Sumanth, learned Standing Counsel for T.T.D for the respondents. Learned counsel for the petitioner would submit that in compliance of 3. the interim orders passed by this Court, the respondent authorities have given notional benefit of sanctioning the increments and special grade scales by duly allowing the monitory benefit with effect from 23.02.2011 i.e. the actual date of joining to duty. Learned counsel would submit that though the 4 petitioner is eligible for promotion since 2018, his name has not been 1 considered because of the pendency of the present writ petition. Learned counsel would further submit that the petition may be disposed of observing that the case of the petitioner may be considered for promotion, if he is eligible as per the rules. 4. Learned Standing Counsel would submit that petition may be disposed of and Court may pass appropriate orders. Considering the submissions made, the writ petition is disposed of. However, the respondent authorities may consider the case of the petitioner for promotion as per governing rules and law. No order as to costs. 5. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. Sd/- A. VENU GOPAL RAO ASSISTANT REGISTRAR i //TRUE COPY// SECTION OFFICER To, 1. The Executive Officer, Tirumala Tirupathi Devasthanams, Tirupathi, Chittoor District. 2. The Devasthanams Educational Officer, Tirumala Tirupathi Devasthanams, Tirupathi, Chittoor District 3. The Chief Warden, SGS Arts College Hostel, Tirumala Tirupathi Devasthanams, Tirupathi, Chittoor District. 4. One CC to SRI. V JAGAPATHI Advocate [OPUC] 5. One CC to SRI. A SUMANTH (STANDING COUNSEL FOR TTD) [OPUC] 6. Two CD Copies sree HIGH COURT DATED:30/06/2025 ORDER WP 7373/2018 ^ 17 JUL 2025 CO DISPOSING OF THE W.P. WITHOUT COSTS