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2025 DAILYLAW 39261 (AP)

A. Narasimhacharyulu v. The State of Andhra Pradesh

WP/41444/2018 · 2025-06-30

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010858022018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY,THE FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 41444/2018 Between: 1. A. NARASIMHACHARYULU, S/O NARAYANACHARYULU AGED 54 YEARS, ARCHAKA, WORKING IN SRI KODANDARAMA SWAMY DEVASTHAANAMS VONTIMITTA, TTDS, KADAPA DISTRICT. 2. S. RAMANARASIMHULU, S/O NARSAIAH AGED 47 YEARS, TICKET CLERK WORKING IN SRI KODANDARAMA SWAMY DEVASTHANAMS VONTIMITTA, TTDS, KADAPA DISTRICT. 3. K, VENKATASUBBAIAH, S/O KODANDAIAH AGED 49 YEARS, SWEEPER WORKING IN SRI KODANDARAMA SWAMY DEVASTHAANAMS VONTIMITTA, TTDS, KADAPA DISTRICT 4. G. NAGAPRAVEENA KUMAR, S/O G. NARGARJUNA REDDY AGED 37 YEARS, ATTENDER, WORKING IN SRI KODANDARAMA SWAMY DEVASTHAANAMS VONTIMITTA, TTDS, KADAPA DISTRICT 5. ARCHAKAM SRAVANA KUMAR, S/O NARASIMHACHARYULU AGED 27 YEARS, ARCHAKA, WORKING IN SRI KODANDARAMA SWAMY DEVASTHAANAMS VONTIMITTA, TTDS, KADAPA DISTRICT ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, REVENUE (ENDOWMENTS) DEPARTMENT, AP SECRETARIAT, VELAGAPUDI AT AMARAVATHI, GUNTUR DISTRICT - 522020, AP 2. THE TIRUMALA TIRUPATHI DEVASTHANAMS TIRUPATHI, CHITTOOR DISTRICT REP BY ITS EXECUTIVE OFFICER 3. THE DY EXECUTIVE OFFICER SRI K T GROUP OF TEMPLES, TIRUMALA TIRUPATHI DEVASTHANAMS, TIRUPATHI, CHITTOOR DISTRICT. 2 4. THE ASSISTANT EXECUTIVE OFFICER, SRI KODANDARAMA SWAMY DEVASTHANAMS TTDS, VONTIMITTA, KADAPA 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, declaring the action of Respondents 2 and 3 in compelling Petitioners to receive their monthly salary from outsourcing agency as arbitrary, discriminatory and illegal and consequently direct 2nd Respondent to implement Equivalent to Minimum Time Scale to Petitioners in Revised Pay Scales, 2015 in terms of proceedings Roc.No.T6/145/Sri PAT/TTD 2017 dt.01.11.2017 and further direct Respondents to consider Petitioners case for regularization of their services, as has been done in respect of taken over staff of Sri Prasanna Venkateswara Swamy Temple, TTDs, Appalayagunta, Chittoor District, vide Proceedings Roc.No.TS5/7428/2017, dt.20.02.2018 of 2nd Respondent, and with all other consequential benefits, monetary or otherwise and pass IA NO: 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 2nd Respondent to pay Equivalent to Minimum Time Scale of Pay to Petitioners in the light of proceedings Roc.No.T6/145/Sri PAT/TTD 2017 dt.01.11.2017 issued by 2nd Respondent, pending disposal of the main Writ Petition, and pass IA NO: 1 OF 2019 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 vacate the Interim Order granted in IA.No. 1 of 2018 in WP.No. 41444/2018 dated. 16.11.2018 in the interest of justice and to pass Counsel for the Petitioner(S): 1. V JAGAPATHI Counsel for the Respondent(S): 1. V DYUMANI (SC FOR BANK OF INDIA) 2. GP FOR ENDOWMENTS (AP) The Court made the following: 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 41444/2018 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “… pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of Respondents 2 and 3 in compelling Petitioners to receive their monthly salary from outsourcing agency as arbitrary, discriminatory and illegal and consequently direct 2nd Respondent to implement Equivalent to Minimum Time Scale to Petitioners in Revised Pay Scales, 2015 in terms of proceedings Roc.No.T6/145/Sri PAT/TTD 2017 dt. 01.11.2017 and further direct Respondents to consider Petitioners’ case for regularization of their services as has been done in respect of taken over staff of Sri Prasanna Venkateswara Swamy Temple, TTDs, Appalayagunta, Chittoor District vide Proceedings Roc.No.TS5/7428/2017, dt. 20.02.2018 of 2nd Respondent and with all other consequential benefits monetary or otherwise.” 2. Heard Sri V.Jagapathi, learned counsel for the petitioner and learned Government Pleader for Endowments for the respondent No.1 and Ms. V.Dyumani, learned Standing Counsel for T.T.D for the respondent Nos.2 to 4. 3. During hearing, learned counsel for the petitioners would submit that the matter is squarely covered by a common order passed by this Court in W.P.No.23660 of 2017 & batch, dated 06.05.2025, and hence, requests this Court to pass similar order in this petition also. The operative portion of the said common order is as follows:- “5. In that view, it is apposite to dispose of these Writ Petitions, without touching the merits of the same with the following directions. 4 (i) Petitioners shall submit a comprehensive representation covering their pleadings supported by the relevant documents and the judicial precedents, if any, to the Executive Officer of Tirumala Tirupati Devasthanams within a period of two weeks from the date of receipt of copy of this Order. (ii) The Executive Officer, in turn, shall place the same before the Board of Trustees as expeditiously as possible. (iii) The Board of Trustees shall take a decision over the matter according to governing Rules and law within a period of three months from the date of receipt of representation of the Petitioners. (iv) Depending on the decision to be taken, the Board shall forward the proposal to the Government forthwith for getting necessary approval. (v) Respondent No.3/Government is directed to consider the said proposal and take appropriate decision according to governing Rules and Law, within a period of three months therefrom.” 4. Learned Standing Counsel for TTD would submit that Court may pass similar order. 5. Considering the submissions made, this Writ Petition is also disposed of in terms of the common order passed in W.P.No.23660 of 2017 & batch, dated 06.05.2025. There shall be no order as to costs. 6. The Registry is directed to attach a copy of the common order passed in W.P.No.23660 of 2017 & batch, dated 06.05.2025, to this order. Pending applications, if any, shall stand closed. ____________________________________ Dr. VENKATA JYOTHIRMAI PRATAPA, J Date: 01.07.2025 SCS 5 179 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.41444 of 2018 Dated.01.07.2025 SCS