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High Court of Andhra Pradesh · body

2025 DAILYLAW 45078 (AP)

Nambaru Musalayya, v. The State of Andhra Pradesh,

WP/16715/2018 · 2025-04-27

Venkata Jyothirmai Pratapa

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Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH:: (Special Original Jurisdiction) AMARAVAT MONDAY, THE TWENTY EIGHTH DAY OFAPi^^J TWO THOUSAND AND TWENTY FIVE PRESENT m o c THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 16715 OF 2018 Between: 1. Nambaru Musalayya, S/o.Ramulu, Aged 42 years, Occ Prasadam Carrier, working in Sri Veera Venkata Satyanarayana Swamy Temple Annavaram, East Godavari District. ^ 2. Chilakamarthi Srinu, S/o.Nukaraju, Aged 40 years, Occ Prasadam Carrier, working m Sri Veera Venkata Satyanarayana Swamy Temple Annavaram, East Godavari District. 3. Gallipalli Loyaraju, S/o.Appala Naidu, Aged 37 years, Occ Prasadam Carrier, working in Sri Veera Venkata Satyanarayana Swamy Temple Annavaram, East Godavari District. ^ 4. Chiraparapu Naveen Kumar, S/o. Pentayya, Aged 37 years, Occ Prasadarn Carrier, working in Sri Veera Venkata Satyanarayana Swamy Temple, Annavaram, East Godavari District. 5. Madisetti Satyanarayana, S/o.Tammarao, Aged 45 years Occ Prasadarn Carrier, working in Sri Veera Venkata Satyanarayana Swamy Temple, Annavaram, East Godavari District. 6. Juvvala Sathibabu S/o.Apparao, Aged 38 years, Occ Prasadam Carrier, working m Sri Veera Venkata Satyanarayana Swamy Temple Annavaram, East Godavari District. ^ ’ Chakram, Aged 38 years, Occ Prasadam Carrier, working in Sri Veera Venkata Satyanarayana Swamy Temple Annavaram, East Godavari District, ^ ’ Venkanna, S/o.Manikyam, Aged 40 years, Occ Prasadam Carrier, working in Sri Veera Venkata Satyanarayana Swamy Temple Annavaram, East Godavari District. owduiy lempie. Konda, S/o Satyanarayana, Aged 35 years, Occ Prasadam Carrier, working in Sri Veera Venkata Satyanarayana Swamy Temple Annavaram, East Godavari District. 10. -^^0°’- S^o Rajarao, Aged 34 years, Occ Prasadam Packer, working in Sri Veera Venkata Satyanarayana Swamy Temple Annavaram, East Godavari District. ^ 'empie. 11. D^ari Naga Venkata S^anarayana, vS/o.Paparao Aaed years, Occ Prasadam Packbr, working in Sri Veera Venkata Satyanarayana Swamy Temple, Annavaram, East Godavari District 31 12. V.Haribabu, S/o.Venkatarao, Aged 35 years, Occ Prasadam Packer, working in Sri Veera Venkata Satyanarayana Swamy Temple, Annavaram, East Godavari District. Ch.Laxmanarao, S/o.Krishna, Aged 32 years, Occ Prasadam Packer, working in Sri Veera Venkata Satyanarayana Swamy Temple, Annavaram, East Godavari District. G.Eswara Rao, S/o.Rajarao, Aged 34 years, Occ Prasadam. Packer, working in Sri Veera Venkata Satyanarayana Swamy Temple, Annavaram, East Godavari District. Uppaluru Mallikarjuna Rao, S/o.Surya Prakasarao, Aged 30 years, Occ Prasadam Packer, working in Sri Veera Venkata Satyanarayana Swamy Temple, Annavaram, East Godavari District. Kanuri Durga Prasad, S/o.Suryarao, Aged 32 years, Occ Prasadam Packer, working in Sri Veera Venkata Satyanarayana Swamy Temple, Annavaram, East Godavari District. Matta Bhadrarao, S/o.Nukaraju, Aged 40 years, Occ Prasadam Packer, working in Sri Veera Venkata Satyanarayana Swamy Temple, Annavaram, East Godavari District. Ruttula Chaitanya Kumar, S/o.Subramanyam, Aged 28 years, Occ Prasadam Packer, working in Sri Veera Venkata Satyanarayana Swamy Temple, Annavaram, East Godavari District. Parvatha AmarnatH,/S/o.Chantibabu, Aged 35 years, Occ Prasadam Packer, working in Sri Veera Venkata Satyanarayana Swamy Temple, Annavaram, East Godavari District. 13. 14. 15. 16. 17. 18. 19. ...Petitioners AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary Revenue(Endowments) Department, Secretariat, Velagapudi’ Amaravathi, Andhra Pradesh. 2. The Commissioner, Endowments Department, Andhra Pradesh, Goliapudi, Vijayawada, Krishna District. 3. Sri Veera Venkata Satyanarayana Swamy Temple, Annavaram East Godavari District, Rep by its Executive Officer. ...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 of direction more particularly nature of Writ of Mandamus, declaring the action of the respondents in not extending the time scale to the petitioners in the 3rd respondent temple for the posts held by petitioners as Prasadam Carriers and Prasadam Packers one in the as illegal, arbitrary, improper, unjust, violative of Article 14, 19 85 21 of Constitution of India and consequently direct the 3rd respondent to extend the time scale to the petitioners in the 3rd respondent temple and grant all consequential benefits including the monetary benefits and grant such other relief or reliefs as this Honourable Court may deem fit and proper in the circumstances of the case lA 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 direct the 3rd respondent to extend the minimum time scale to the petitioners attached to their respective posts in the cadre of Prasadam Carriers and Prasadam Packers in the 3rd respondent temple, pending disposal of the writ petition lA NO: 2 OF 2018 Between; Sri Veera Venkata Satyanarayana Swamy Temple, Annavaram, East Godavari District, Rep by its Executive Officer. ...Vacate Petitioner/Respondent No.3 AND 1. Nambaru Musalayya, S/o.Ramulu, Aged 42 years, Occ Prasadam Carrier, working in Sri Veera Venkata Satyanarayana Swamy Temple, Annavaram, East Godavari District. Chilakamarthi Srinu, S/o.Nukaraju, Aged 40 years, Occ Prasadam Carrier, working in Sri Veera Venkata Satyanarayana Swamy Temple, Annavaram, East Godavari District. Gallipalli Lovaraju, S/o.Appala Naidu, Aged 37 years, Occ Prasadam Carrier, working in Sri Veera Venkata Satyanarayana Swamy Temple, Annavaram, East Godavarj District Chiraparapu Naveen Kurriar; S/o. Pentayya, Aged 37 years, Occ Prasadam Carrier, working in Sri Veera Venkata Satyanarayana Swamy Temple, Annavaram, East Godavari District. 2. 3. 4. 5. Madisetti Satyanarayana, S/o.Tammarao, Aged 45 years, Occ Prasadam Carrier, working in.Sri Veera Venkata Satyanarayana Swamy Temple, Annavaram, East Godavari District. 6. Juvvala Sathibabu, S/o.Apparao, Aged 38 years, Occ Prasadam Carrier, working in Sri Veera Venkata Satyanarayana Swamy Temple, Annavaram, East Godavari District. 7. Athi Venkata Rao, S/o.Chakram, Aged 38 years, Occ Prasadam Carrier, working in Sri Veera Venkata Satyanarayana Swamy Temple, Annavaram, East Godavari District. 8. Pendyala Venkanna, S/o.Manikyam, Aged 40 years, Occ Prasadam Carrier, working in Sri Veera Venkata Satyanarayana Swamy Temple, Annavaram, East Godavari District. 9. Allu Appala Konda, S/o.Satyanarayana, Aged 35 years, Occ Prasadam Carrier, working in Sri Veera Venkata Satyanarayana Swamy Temple, Annavaram, East Godavari District. G.Eswara Rao, S/o.Rajarao, Aged 34 years, Occ Prasadam Packer, working in Sri Veera Venkata Satyanarayana Swamy Temple, Annavaram, East Godavari District. Dasari Naga Venkata Satyanarayana, S/o.Paparao, Aged 31 years, Occ Prasadam Packer, working in Sri Veera Venkata Satyanarayana Swamy Temple, Annavaram, East Godavari District. V.Haribabu, S/o.Venkatarao, Aged 35 years, Occ Prasadam Packer, working in Sri Veera Venkata Satyanarayana Swamy Temple Annavaram, East Godavari District. Ch.Laxmanarao, S/o.Krishna, Aged 32 years, Occ Prasadam Packer, working in Sri Veera Venkata Satyanarayana Swamy Temple Annavaram,East Godavari District. G.Eswara Rao, S/o.Rajarao, Aged 34 years, Occ Prasadam. Packer, working in Sri Veera Venkata Satyanarayana Swamy Temple Annavaram, East Godavari District. Uppaluru Mallikarjuna Rao, S/o.Surya Prakasarao, Aged 30 years, Occ Prasadam Packer, working in Sri Veera Venkata Satyanarayana Swamy Temple, Annavaram, East Godavari District. Kanuri Durga Prasad, S/o.Suryarao, Aged 32 years Prasadam Packer, working in Sri Veera Venkata Satyanarayana Swamy Temple, Annavaram, East Godavari District. Matta Bhadrarao, S/o.Nukaraju, Aged 40 years, Occ Prasadam Packer, working in Sri Veera Venkata Satyanarayana Swamy Temple Annavaram, East Godavari District Ruttula Chaitanya Kumar, S/o.Subramanyam, Aged 28 years, Occ Prasadam Packer, working in Sri Veera Venkata Satyanarayana Swamy Temple, Annavaram, East Godavari District. 10. 11. 12. 13. 14. 15. 16. Occ 17. 18. 19. Parvatha Amarnath, S/o.Chantibabu, Aged 35 years Occ Prasadam Packer, working in Sri Veera Venkata Satyanarayana Swamy Temple, Annavaram, East Godavari District ...Respondents/Writ Petitioners The State of Andhra Pradesh, Rep by its Principal Secretary, Revenue(Endowments) Department, Secretariat, Velagapudi, Amaravathi, Andhra Pradesh. The Commissioner, Endowments Department, Andhra Pradesh, Gollapudi, Vijayawada, Krishna District. 20. 21. ...Respondents/Respondents 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 dated 02.05.2018 made in lA No.1/2018 in WP No. 16715/2018 Counsel for the Petitioners: SRI V S K RAMA RAO Counsel for the Respondents No.1, 2: GP FOR ENDOWMENTS Counsel for the Respondent No.3: SRI KOTESWARA RAO KAPPERA SC For Endowments The Court made the following: Order APHC010361022018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) SMB [3396] MONDAY ,THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 16715/2018 Between; 1. NAMBARU MUSALAYYA,, S/O.RAMULU, AGED 42 YEARS, OCC PRASADAM CARRIER,WORKING IN SRI VEERA VENKATA SATYANARAYANA SWAMY TEMPLE, ANNAVARAM, EAST GODAVARI DISTRICT. 2. CHILAKAMARTHI SRINU S/O.NUKARAJU, AGED 40 YEARS, OCC PRASADAM CARRIER, WORKING IN SRI VEERA VENKATA SATYANARAYANA SWAMY TEMPLE, ANNAVARAM, EAST GODAVARI DISTRICT. : ] 3. GALLIPALLI LOVARAJU S/O.APPALA NAIDU, AGED 37 YEARS, OCC PRASADAM CARRIER, WORKING IN SRI VEERA VENKATA SATYANARAYANA SWAMY TEMPLE, ANNAVARAM, EAST GODAVARI DISTRICT. j j 4. CHIRAPARAPU NAVEEN KUMAR,, S/0. PENTAYYA, AGED 37 YEARS. OCC PRASADAM CARRIER, WORKING IN SRI VEERA VENKATA SATYANARAYANA SWAMY TEMPLE, ANNAVARAM, EAST GODAVARI DISTRICT. 5. MAD I SETT I SATYANARAYANA,, S/O.TAMMARAO, AGED 45 YEARS, OCC PRASADAM CARRIER, WORKING IN SRI VEERA VENKATA SATYANARAYANA SWAMY TEMPLE, ANNAVARAM, EAST GODAVARI DISTRICT. tt 2 6. JUVVALA SATHIBABU,, S/O.APPARAO, AGED 38 YEARS, OCC PRASADAM CARRIER, WORKING IN SRI VEERA VENKATA SATYANARAYANA SWAMY TEMPLE, ANNAVARAM, EAST GODAVARI DISTRICT. 7. ATHI VENKATA RAO,, S/O.CHAKRAM, AGED 38 YEARS, OCC PRASADAM CARRIER, WORKING IN SRI VEERA VENKATA SATYANARAYANA SWAMY TEMPLE, ANNAVARAM, EAST GODAVARI DISTRICT. 8. PENDYALA VENKANNA,, S/O.MANIKYAM, AGED 40 YEARS, OCC PRASADAM CARRIER, WORKING IN SRI VEERA VENKATA SATYANARAYANA SWAMY TEMPLE, ANNAVARAM, EAST GODAVARI DISTRICT. 9. ALLU APPALA KONDA,, S/0.SATYANARAYANA, AGED 35 YEARS, OCC PRASADAM CARRIER, WORKING IN SRI VEERA VENKATA SATYANARAYANA SWAMY TEMPLE, ANNAVARAM, EAST GODAVARI DISTRICT. 10.G.ESWARA RAO,, S/O.RAJARAO, AGED 34 YEARS, OCC PRASADAM PACKER, WORKING IN SRI VEERA VENKATA SATYANARAYANA SWAMY TEMPLE, ANNAVARAM, EAST GODAVARI DISTRICT. 11.DASARI NAGA VENKATA SATYANARAYANA S/O.PAPARAO, AGED 31 YEARS, OCC PRASADAM PACKER, WORKING IN SRI VEERA VENKATA SATYANARAYANA SWAMY TEMPLE, ANNAVARAM, EAST GODAVARI DISTRICT. 12.V.HARIBABU,, S/O.VENKATARAO, AGED 35 YEARS, OCC PRASADAM PACKER, WORKING IN SRI VEERA VENKATA SATYANARAYANA SWAMY TEMPLE, ANNAVARAM, EAST GODAVARI DISTRICT. 13.CH.LAXMANARAO,, S/0.KRISHNA, AGED 32 YEARS, OCC PRASADAM PACKER, WORKING IN SRI VEERA VENKATA SATYANARAYANA SWAMY TEMPLE, ANNAVARAM, EAST GODAVARI DISTRICT. 3 14.G.ESWARA RAO,, S/O.RAJARAO, AGED 34 YEARS, OCC PRASADAM. PACKER, WORKING IN SRI VEERA VENKATA SATYANARAYANA SWAMY TEMPLE, ANNAVARAM, EAST GODAVARI DISTRICT. 15.UPPALURU MALLIKARJUNA PRAKASARAO, AGED 30 YEARS, OCC PACKER, WORKING IN SRI VEERA VENKATA SATYANARAYANA SWAMY TEMPLE, ANNAVARAM, EAST GODAVARI DISTRICT. RAO S/O.SURYA PRASADAM 16.KANURI DURGA PRASAD YEARS, OCC VEERA VENKATA SATYANARAYANA SWAMY TEMPLE ANNAVARAM, EAST GODAVARI DISTRICT. S/O.SURYARAO, AGED 32 PRASADAM PACKER, WORKING IN SRI 17.MATTA BHADRARAO,, S/O.NUKARAJU, AGED 40 YEARS, OCC PRASADAM PACKER, WORKING IN SRI VEERA VENKATA SATYANARAYANA SWAMY ANNAVARAM, EAST GODAVARI DISTRICT. TEMPLE 18.RUTTULA CHAITANYA KUMAR AGED 28 YEARS, OCC PRASADAM PACKER, WORKING IN SRI VEERA VENKATA SATYANARAYANA SWAMY TEMPLE, ANNAVARAM, EAST GODAVARI DISTRICT. 19.PARVATHA AMARNATH YEARS, OCC VEERA VENKATA SATYANARAYANA SWAMY TEMPLE ANNAVARAM, EAST GODAVARI DISTRICT. S/O.SUBRAMANYAM j j S/ O.CHANTIBABU, AGED 35 PRASADAM PACKER, WORKING IN SRI ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH, REP PRINCIPAL SECRETARY, DEPARTMENT, AMARAVATHI, ANDHRA PRADESH. BY ITS REVENUE(ENDOWMENTS) SECRETARIAT, VELAGAPUDI, f 4 2.THE COMMISSIONER, ENDOWMENTS DEPARTMENT, ANDHRA PRADESH, GOLLAPUDI, VIJAYAWADA, KRISHNA DISTRICT. 3.SRI VEERA VENKATA SATYANARAYANA SWAMY TEMPLE, ANNAVARAM, EAST GODAVARI DISTRICT, REP BY ITS EXECUTIVE OFFICER. ...RESPONDENT(S): Counsel for the Petitioner(S): 1.VS KRAMA RAO Counsel for the Respondent(S): 1.KOTESWARA RAO KAPPERA SC For Endowments The Court made the following: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 16715 OF 2018 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 declaring the action of the respondents in not extending the time scale to the petitioners in the 3^^ respondent temple for the posts held by petitioners as Prasadam Carriers and Prasadam Packers as illegal arbitrary improper unjust violative of Article 14, 19, 85, 21 of Constitution of India and consequently direct the 3'"^ respondent to extend the time scale to the petitioners in the 3'"' respondent temple and grant all consequential benefits including the monetary benefits and grant....” Heard Sri V.S.K.Rama Rao, learned counsel for the petitioner and Sri Koteswara Rao Kappera, learned Standing Counsel for the temple. 2. 3. Learned counsel for the petitioner would submit that at the time of filing this Writ Petition, the petitioner was directly working under the control of the temple. During the pendency of the petition, the said worker was entrusted to the contractor; at present, the petitioner working under the contractor. Learned Standing Counsel for the temple would submit that the temple has nothing to do with the petitioner because the temple has given a contract to a third party undeir whom the petitioner is working. IS 4. > 2 Learned Standing Counsel would submit that the Court appropriate orders. Considering the submissions made and a fair look at the material placed on record, it is needless to say that whether the petitioner is working under the temple or the contractor, the temple has to ensure the payment of wages as fixed by the Government from time to time. may pass 5. 6. In that view, it is apposite to dispose of the present Writ Petition by directing the temple to ensure the payment of minimum wages as fixed by the Government from time to time to the petitioner by working out the remedy through their contractor. .-X'''.. ’ ■ ' ' ' •' . 7., ' With the above observation, this Writ Petition is disposed of. ‘Kfli ... : There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. Sd/- G HELA NAIDU ASSISTANT REGISTRAR //TRUE COPY// FICER SECTIj To, State of Andhra Pradesh, Secretariat, Velagapudi, 1. The Principal Secretary, Revenue(Endowments) Department Amaravathi, Andhra Pradesh. Endowments Department, Andhra Pradesh, 2. The Commissioner, Gollapudi, Vijayawada, Krishna District. 3. The Executive Officer, Sri Veera Venkata Satyanarayana Swamy Temple, Annavaram, East Godavari District 4. One CC to SRI V S K RAMA RAO Advocate [OPUC] CC to SRI KOTESWARA RAO KAPPERA SC For 5. One Endowments Advocate [OPUC] 6 Two CCs to GP FOR ENDOWMENTS, High Court of Andhra Pradesh [OUT] 7. Three CD Copies gsg I V I? HIGH COURT DATED; 28/04/2025 ORDER WP.No.16715of 2018 DISPOSING THE WP WITHOUT COSTS