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2025 DAILYLAW 38487 (AP)

Kancharla Veeraswamy v. State of Andhra Pradesh

WP/35232/2018 · 2025-04-07

Venkata Jyothirmai Pratapa

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Judgment text

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APHC010724382018 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: 35232/2018 Between: 1. KANCHARLA VEERASWAMY, S/O.K. PAMULU, AGED ABOUT 42 YEARS, OCC-NMR CONDUCTOR, DURGA MALLESWARASWAMY DEVASTHANAM, INDRA KEELADRI, VIJAYWADA, KRISHNA DISTRICT, A.P. ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRL.SECRETARY (ENDOWMENT) DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE COMMISSIONER OF ENDOWMENT DEPARTMENT, ANDHRA PRADESH, GOLLAPURDI, VIJAYAWADA, KRISHNA DISTRICT. 3. SRI DURGA MALLESWARASWAMY DEVASTHANAM, REP.BY ITS EXECUTIVE OFFICER, INDRAKEELADRI, VIJAYAWADA, A.P. ...RESPONDENT(S): Counsel for the Petitioner: 1. K RAMAMOHAN Counsel for the Respondent(S): 1. GP FOR ENDOWMENTS (AP) 2. ELEVATED AS JUDGE The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “.... a writ of Mandamus, declaring the action of the 3rd respondent in not reinstating the petitioner as NMR Conductor into service with all consequential benefits on par with others as illegal, improper, unjust, arbitrary and contrary to the principles of natural justice and further 2 direct the 3rd respondent to dispose of the petitioners representations dated 02.04.2018, 16.06.2018 and 02.08.2018 with immediate effect.” 2. Sri A.Upendra, learned counsel representing Sri K.Rama Mohan, learned counsel for the Petitioner would submit that the Petitioner worked as NMR Conductor for R.3-Devasthanam bus. Learned counsel would further submit that the Petitioner belongs to Scheduled Caste and he worked from June, 2011 as a Conductor on daily wage basis. It is submitted that, based on the report submitted by Respondent No.3, proceedings were issued by Respondent No.2 enhancing their salary from time to time. In the meanwhile, to the misfortune of the Petitioner, two others were also appointed as NMRs on outsourcing basis in the Devasthanam. Learned counsel would submit that, on 04.05.2017, the two NMR persons tried to keep some amount in the pocket of the Petitioner in the presence of media, despite his resistance. It is further submitted that a criminal case against the Petitioner is still pending. An enquiry has also been initiated against the Petitioner. Learned counsel would submit that, the Petitioner has submitted representations dated 02.04.2018, 16.06.2018 and 02.08.2018 requesting his reinstatement into service as the similarly situated persons, who are involved in the criminal cases, and who are placed under suspension, are reinstated and are still working in the temple. Learned counsel would submit that, despite the interim order passed by this Court, to his knowledge, Respondent No.3 did not choose to pass any order. Learned counsel finally prays for a direction to Respondent No.3 to consider 3 the case of the Petitioner and pass appropriate order on the representations made by the Petitioner. 3. Learned Standing Counsel for the subject temple would submit that the Court may pass appropriate orders. 4. Considering the submissions made, the Writ Petition is disposed of. However, Respondent No.3 is directed to consider the representations dated 02.04.2018, 16.06.2018 and 02.08.2018 submitted by the Petitioner and take appropriate decision according to the governing Rules and Law and pass orders within a period of two months from the date of receipt of copy of this Order. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. ________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:07.04.2025 Dinesh 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.35232 of 2018 Dt.07.04.2025 Dinesh