1 APHC010776392018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY, THE SEVENTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 37973/2018 Between: Sri Parasara Sravan Kumar Battar ...PETITIONER AND State Of Andha Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. P N MURTHY 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: “…..to issue an appropriate Writ, Order or Direction, more particularly one in the nature of writ of mandamus, declaring the action of the respondents in not considering the application of the petitioner for the post of Archaka in the 4th respondent temple and not finalising the process of notification dt. 04-07-2018 for the post of Archaka is illegal, arbitrary, and violation of principles of natural justice and consequently direct the respondents to appoint Archaka for the 4th respondent temple as per the law under notification dt.04-07-2018 and pass such other order or orders…...” 2 2. Heard Sri P.N.Murthy, learned counsel for the petitioner and learned Government Pleader for Endowments, appearing for the respondents 1 to 3. 3. Learned counsel for the petitioner would submit that the petitioner has submitted his application for the post of Archaka in the temple of 4th respondent. But the respondent authorities are not finalizing the process of notification dated 04.07.2018. Learned counsel would further submit that the petitioner has approached this Court seeking a direction to the respondents to appoint Archaka in pursuance of the notification issued dated 04.07.2018. 4. Learned Government Pleader for Endowments, placed a copy of written instructions received from the Commissioner, Endowments Departments stating that it is not feasible for the Department to fill up the post of Archaka in the subject Devasthanam until the financial position of the subject Devasthanam improves. 5. For ready reference, the written instructions received from the Commissioner, Endowments Department, are extracted hereunder: “As per Section 57 (2) of the Act 30/87 provided that the salaries of the Religious and Secular. establishment shall not exceed 30% of its annual income calculated under Section 65. If the proposed new appointments are made the establishment charges will reach 50% of the income. Hence, the Commissioner, Endowments Department, A.P., Gollapudi, Vijayawada passed orders that "we cannot take up any new, appointments now until the financial position of the subject Devasthanam improves". For this reason the process of finalization of the applications in pursuance of notification are stopped but not for any other reasons are particularly for the reasons mentioned in the affidavit of petitioner filed in support of writ petition.” 3 6. Learned counsel for the petitioner would submit that recording the same, the petition may be disposed of. 7. In the light of the submissions made and the reasons mentioned for not proceeding with the notification for the appointment of Archaka, the Writ Petition is disposed of. However, the respondent authorities are at liberty to proceed with the notification or can issue a fresh notification as and when necessary, according to governing rules and law. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 17.04.2025 ARR 4 158 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 37973/2018 Dt.17.04.2025 ARR