IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVA (Special Original Jurisdiction) TUESDAY, THE FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 38520 OF 2018 Between: Punnapalli Venkata Suryanarayana Sarma, S/o. late Venkatappaiah, aged 52 years, Sanskrit Adhyapaka in Veda Pathasala, R/o. Vijayawada, Krishna District, A.P. ...PETITIONER AND 1. The Commissioner of Endowments, Government of Andhra Pradesh, Gollpalli, Vijayawada, Krishna District, A.P. 2. The Executive Officer, Sri Durga Malleswara Swamy Varla Devasthanam, Indrakeeladri, Vijayawada, Krishna District, A.P. 3. The State of Andhra Pradesh, rep by the Principal Secretary to Government, Revenue (Endowments) Department, Velagapudi, Guntur District, A.P. ...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 or direction particularly one in the nature of Writ of Mandamus declaring the Mpmo No. A1/970932/2018 dated 01.08.2018 issued by the 1®‘ respondent sanctioning consolidated pay of Rs. 16,400/- p.m. without any allowances such as HRA, DA, CCA etc, treating him as NMR Last Grade employee as inhuman, arbitrary, vindictive, illegal and violation Articles 14, 16, 19 and 21 of the Constitution of India and direct the respondents (i) To post the petitioner as Principal/Pradhana Acharya of Veda Pathasala at Sri Durga MalleswaraSmartha Veda Pathasala, Poranki, by according regular scale 4r of pay with all allowances, and (ii) To accord regular scale of pay attached to Sanskrit,Adhyapaka Grade-1 with all allowances to the petitioner since as such on FN of 26.03.2018. ■ rj ■js ■ IA>JO: 1 OF 2018 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents to pay monthly salary to the petitioner in regular scale of pay attached to Sanskrit Adhyapaka Grade-1 with all allowances from the date of his joining duty i.e. FN of 26.03.2018 and discharging duties as such, pending consideration of his claim for posting as Principal/Pradhana Acharya. lA NO: 1 OF 2019 Between: 1. The State of Andhra Pradesh, rep by the Principal Secretary to Government, Revenue (Endowments) Department, Velagapudi, Guntur District, A.P. 2. The Commissioner of Endowments, Government of Andhra Pradesh, Gollpalli, Vijayawada, Krishna District, A.P. ...PETITIONERS/RESPONDENTS AND 1. Punnapalli Venkata Suryanarayana Sarma, S/o. late Venkatappaiah, aged 52 years, Sanskrit Adhyapaka in Veda Pathasala, R/o. Vijayawada, Krishna District, A.P. ....RESPONDENTS/PETITIONERS 3. The Executive Officer, Sri Durga Malleswara Swamy Varla Devasthanam, Indrakeeladri, Vijayawada, Krishna District, A.P. ...RESPONDENT/RESPONDENT (R2 is not necessary in this writ Petition) 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 orders granted on 26.11.2018 in I.A No. 1 of 2018 in WP No. 38520 of 2018. lA NO: 2 OF 2019 Between: The Executive Officer, Sri Durga Malleswara Swamy Varla Devasthanam Indrakeeladri, Vijayawada, Krishna District, A.P. ...PETITIONER/RESPONDENT No.2 AND Punnapalli Venkata Suryanarayana Sarma, S/o. late Venkatappaiah, aged 52 years, Sanskrit Adhyapaka in Veda Pathasala, R/o. Vijayawada, Krishna District, A.P. 1. ...RESPONDENT/PETITIONER 2. The Commissioner of Endowments, Government of Andhra Pradesh, Gollpalli, Vijayawada, Krishna District, A.P. 3. The State of Andhra Pradesh, rep by the Principal Secretary to Government, Revenue (Endowments) Department, Velagapudi, Guntur District, A.P. ...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 interim orders dt. 26.11.2018 in I.A No. 1 of 2018 in W.P No. 38520/2018. lA NO: 3 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 suspend the rejection orders dated 20-09-2019 of the 1 respondent. St Counsel for the Petitioner: SRI K. R. SRINIVAS Counsel for the Respondent Nos.1 & 3 : GP FOR ENDOWMENTS Counsel for the Respondent No.2 : SRI K. KOTESWARA RAO, SC FOR ENDOWMENTS The Court made the following: ORDER APHC0107S4082018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) • I B B [3396] h TUESDAY, THE FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 38520/2018 Between: PUNNAPALLI VENKATA SURYANARAYANA SARMA, S/0 LATE VENKATAPPAIAH, AGED 52 YEARS, SANSKRIT ADHYAPAKA IN VEDA PATHASALA, R/0 VIJAYAWADA, KRISHNA DISTRICT, A.P. ...PETITIONER AND 1.THE COMMISSIONER OF ENDOWMENTS, GOVERNMENT OF GOLLPALLI, VIJAYAWADA, KRISHNA ANDHRA PRADESH DISTRICT, A.P. 2.THE EXECUTIVE OFFICER, SRI DURGA MALLESWARA SWAMY DEVASTHANAM, INDRAKEELADRI, VIJAYAWADA, VARLA KRISHNA DISTRICT, A.P. 3.THE STATE OF ANDHRA PRADESH, REP BY THE PRINCIPAL REVENUE (ENDOWMENTS) SECRETARY TO GOVERNMENT, DEPARTMENT, VELAGAPUDI, GUNTUR DISTRICT, A.P. ...RESPONDENT(S): Counsel for the Petitioner: 1.K R SRINIVAS Counsel for the Respondent(S): 1.K KOTESWARA RAO SC FOR ENDOWMENTS 2.KOTESWARA RAO KAPPERA SC For Endowments 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 Memo No. A1/970932/2018 dated 01.08.2018 issued by the 1st respondent sanctioning consolidated pay of Rs. 16,400/- p.m. without any allowances such as HRA, DA, CCA etc, treating him as NMR Last Grade employee as inhuman, arbitrary, vindictive, illegal and violation Articles 14, 16, 19 and 21 of the Constitution of India and direct the respondents (i) To post the petitioner as Principal/Pradhana Acharya of Veda Pathasala at Sri Durga MalleswaraSmartha Veda Pathasala, Poranki, by according regular scale of pay with all allowances, and (ii) To accord regular scale of pay attached to Sanskrit Adhyapaka Graded with all allowances to the petitioner since he joined as such on FN of 26.03.2018." Heard Sri K.R.Srinivas, learned counsel for the Petitioner and Sri Kappera Koteswara Rao, learned Standing Counsel for Endowments. Learned counsel for the Petitioner would submit that though the present petition is filed seeking a direction to the Respondents to post the Petitioner as Principal/Pradhana Acharya of Sri Durga Malleswara Smartha Veda Pathasala, Poranki, and also to grant regular scale of pay attached to Sanskrit Adhyapaka Grade-I, they are restricting their claim seeking a direction to the Respondents to fix the minimum time scale of ‘Adhyapaka’ to the Petitioner instead of ‘Archaka’. Per contra, learned Standing Counsel for Endowments would submit that, the Petitioner was being paid a remuneration of Rs. 16,400/- and later the enhanced to Rs.25,220/- which is the minimum basic pay in the 2. 3. 4. same was cadre of ‘Adhyapaka’. Considering the submissions and a bare perusal of the material on record would disclose that, having obtained requisite qualifications, the Petitioner established a Smartha Veda Pathasala in the year 2002. Subsequently, the said Pathasala was taken over by Respondent No.2- Devasthanam along with the services of the Petitioner. Respondent No.2 orally terminated the Petitioner. On the writ petition filed by 5. Thereafter 3 the Petitioner, he was reinstated into service. The main grievance of the Petitioner in the present writ petition is that, he has been continuing to teach Sanskrit to the students pursuant to the Orders passed by Respondent No.2 on 24.03.2018, but he is being paid only Rs.16,400/- as consolidated pay which amount is also paid to NMRs/Contract Employees working in Last Grade Service. This Court vide interim order dated 26.11.2018 in I.A.No.1 of 2018 in the present petition held as follows: "pending further orders, there shall be interim direction directing the respondents to pay to the Petitioner remuneration on par with minimum of pay scale of persons who are regularly teaching Vedas and Smartham (Veda Pandits and Smartha Pandits). ” 6. Respondent No.2 in their counter admitted the utilization of services of the Petitioner to reach Sanskrit in the Veda Pathasala. On one hand. Respondent is contending that the Petitioner is being paid Rs. 16,400/- per month as remuneration which is also being paid to other ‘Adhyapakas’, who are working in the subject Pathasala and on the other hand, they submitted in the written instructions filed by the Executive Officer that, as per the above orders the individual has to be paid minimum pay in the cadre of ‘Adhyapaka’ i.e., Rs.25,220/- and that he is being paid remuneration of Rs.16,400/- in 2015 PRC and later his remuneration was enhanced to Rs.25,220/- in 2022 PRC which is the minimum basic pay in the cadre of ‘Adhyapaka’. It is the further contention of Respondent No.2 that, the Petitioner is being paid minimum time scale of ‘Adhyapaka’, which was also granted to one K.Aditya Krishna 4 Sandilya Sarma, Veda Adhyapaka in the subject Pathasala. Whereas, it is the contention of the Petitioner that he is being paid the minimum time scale of ‘Archaka’, but not ‘Adhyapaka’. 7. Admittedly, said the appointment of K.Aditya Krishna Sandilya Sarma i the subject Pathasala is the compassionate appointment father. Though he is posted as Veda Adhyapaka, he is being paid the minimum time scale of Rs. 16,400/- in on the death of his per month which is actually not the minimum time scale of ‘Adhyapaka’. As such, the case of the Petitioner herein cannot be equated with said K.Aditya Krishna Sandilya Sarma , since the said appointment is on compassionate grounds. 8. In State of Punjab and others vs. Jagjit Singh and others^ THE Hon ble Apex Court has held that the principle of “equal pay for equal work” should be applied to temporary employees including daily-wage employees, adhoc appointees, employees appointed employees and the like, and it has to be on casual basis, contractual seen whether the employees concerned before the Court were rendering similar duties and responsibilities were being discharged by regular employees holding the same / corresponding posts. It is directed that the said Order would be applicable to all the temporary employees concerned, so as to vest in them the right to claim wages on par with the minimum of pay scale of regularly engaged as government employees holding the same post. (2017) I see 148 5 9. In the instant case, there is qualifications, the Petitioner has been subject Pathasala. In the said Pathasala no dispute that, having requisite teaching Sanskrit to the students in the admittedly, Vedas and Smartham also being taught. Such teaching admittedly Therefore, the Petitioner’s teaching of Sanskrit are is in Sanskrit language, is not merely a teaching of an additional subject, but it is only the students the regular Veda Pandits and Smartha Devasthanam. a teaching of core subject on the basis of which can learn Smartham and Veas, which are being taught by Pandits working in Respondent No.2- 10. In view of the foregoing discussion this Court is of the view that the Petitioner i and the judgment referred to supra, is entitled to the minimum time scale attached to the post of ‘Adhyapaka’ Accordingly, the Writ Petition i 11. IS disposed of directing the Respondents 10 grant the Petitioner the minimum time scale attached to the ‘Adhyapaka’. There shall be As a sequel thereto post of no order as to costs, miscellaneous petitions, if any, pending shall stand closed. Sd/- A.VIJAYA BABU ASSISTANT REGISTRAR //TRUE COPY// To, SECTION OFFICER ^ ■ r Endowments, Government Gollpalli, Vijayawada, Krishna District, A.P. Devasmana™ Malleswara Devasthanam, Indrakeeladri, Vijayawada, Government, Department, State of Andhra Pradesh, 4. One CC to Sri K. R. Srinivas 5. One CC to Sri K Koteswara Rao, 6. Three C.D. Copies. Cnr of Andhra Pradesh, Swamy Varla Krishna District, A.P. Revenue (Endowments) Velagapudi, Guntur District, A.P. Advocate [OPUC] SC for Endowments [OPUC] HIGH COURT DATED:01/04/2025 ORDER WP.No.38520 of 2018 * 27 MAY 2025 V?'* Current section . x. .60 DISPOSING OF THE W.P. WITHOUT COSTS