Extracted from the PDF above. The PDF is authoritative.
1
APHC010529862018
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY, THE SEVENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 25046/2018 Between: A. Ravi Kumar, ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner:
1. V S K RAMA RAO Counsel for the Respondent(S):
1. GP FOR ENDOWMENTS (AP) The Court made the following:
2
THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 25046 of 2018
ORDER:
This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for:
“…to issue a writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not extending the time scale to the petitioner in the 3rd respondent temple for the post held by petitioner as sweeper as illegal, arbitrary, improper, unjust, violative of Article 14, 19, 86 & 21 of Constitution of India and consequently direct the 3rd respondent to extend the time scale to the petitioner in the 3rd respondent temple and grant all consequential benefits including the monetary benefits and grant…”
2. Heard Sri V.S.K.Rama Rao, learned Counsel for the Petitioner. Learned Assistant Government Pleader for the respondents is in attendance.
3.
Learned Counsel for the petitioner would submit that this Court passed an interim order in I.A.No. 01 of 2018 dated 23.07.2018 directing the respondent No. 3 to extend the benefits of minimum time scale of pay attached to the post held by the petitioner subject to the continuation mentioned in the paragraph No. 5(2). Learned Counsel would further submit that in pursuance to the interim orders passed by this Court, now the petitioner is getting minimum time scale. Recording the same, the petition may be
disposed of.
4. For ready reference, the interim order in I.A.No. 01 of 2018 dated 23.07.2018 is extracted hereunder:
“I.A.No.01 of 2018
3
Petitioner is seeking to extend the minimum time scale of pay attached to the post of Sweeper.
When the matter is taken up, learned Government Pleader placed on record Memo No.36021/32/Endowments-I(2)/2018-1, dated 04.07.2018, whereunder the Government extended the minimum time scale to employees working in the temples subject to fulfillment of three conditions mentioned in paragraph No.5(2), which reads as follows:
“(2) requested to direct the Executive Officers of Hindu Religious & Charitable Institutions/Temples of Endowments Department with a direction to extend minimum time-scale of pay to N.M.Rs/contract employees, payable to corresponding post of regular employees in the Last Grade Service, working in the said Institution/Temple, without allowances such as HRA, CCA, DA, etc., In view of G.O.Ms. No. 94, G.A.(Ser.A) Dept., Dt.28.03.2003, as consolidated pay only, subject to fulfillment of the following conditions: (a) The Executive Officer of the concerned Institution/Temple has to certify whether the N.M.R/contract employee is performing the duties assigned to corresponding post of regular employee. (b) The Executive Officer of the concerned Institution/Temple has to certify whether N.M.R/contract employee possess requisite qualification for the post held. (c) The Executive Officer of the concerned Institution/Temple has to certify whether NMR/Contract employee is working against the sanctioned cadre strength for regular employees issued by the competent authority and whether permission orders obtained from competent authority for continuation of
4
services of such N.M.R/contract employee are in-force, till date." In view of the same, the 3rd respondent is directed to extend the benefit of minimum time scale had by of pay attached to the post the petitioner, provided he fulfils the conditions Paragraph No.5 (2) extracted above.”
5. Considering the submissions made, the Writ Petition is disposed of making the interim order as absolute. No order as to costs.
Pending applications, if any, shall stand closed.
____________________________________ Dr. VENKATA JYOTHIRMAI PRATAPA, J
Date: 07.04.2025 UPS
5
05 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA
W.P.No.25046 of 2018
Dated.07.04.2025
UPS