APHC010139842017 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) WEDNESDAY,THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION Between: 1. G KRISHNA, E.GODAVARI DIST, S/O. SANYASI, AGE 50 YEARS, OCC: SWEEPER IN SRI TALUPULAMMA AMMAVARI TEMPLE, R/O. LOVAKOTHURU VILLAGE, TUNI MANDAL, EAST GODAVARI DISTRICT. 1. THE STATE OF AP GUNTUR DIST 3 PRINCIPAL SECRETARY TO GOVERNMENT, ENDOWMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. COMMISSIONER OF ENDOWMENTS, ENDOWMENT DEPARTMENT GOLLAPUDI, VIJAYAWADA. 3. JOINT COMMISSIONER OF ENDOWMENTS, KAKINADA 4. SRI TALUPULAMMA AMMAVARI TEMPLE, REP. BY ASSISTANT COMMISSIONER AND ITS EXECUTIVE OFFICER, LOVA VILLAGE, TUNI MANDAL, EAST GODAVARI DISTRICT. 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 authorities in altering/changing petitioner date of birth in the service register IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 26952/2017 G KRISHNA, E.GODAVARI DIST, S/O. SANYASI, AGE 50 YEARS, OCC: SWEEPER IN SRI TALUPULAMMA AMMAVARI TEMPLE, R/O. LOVAKOTHURU VILLAGE, TUNI MANDAL, EAST GODAVARI ...PETITIONER AND THE STATE OF AP GUNTUR DIST 3 OTHERS, REP. BY THE PRINCIPAL SECRETARY TO GOVERNMENT, ENDOWMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR COMMISSIONER OF ENDOWMENTS, ENDOWMENT DEPARTMENT GOLLAPUDI, VIJAYAWADA. JOINT COMMISSIONER OF ENDOWMENTS, KAKINADA SRI TALUPULAMMA AMMAVARI TEMPLE, REP. BY ASSISTANT COMMISSIONER AND ITS EXECUTIVE OFFICER, LOVA VILLAGE, TUNI MANDAL, EAST GODAVARI 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 two the respondent authorities in altering/changing petitioner date of birth in the service register IN THE HIGH COURT OF ANDHRA PRADESH [3504] WEDNESDAY,THE THIRTY FIRST DAY OF DECEMBER THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM G KRISHNA, E.GODAVARI DIST, S/O. SANYASI, AGE 50 YEARS, OCC: SWEEPER IN SRI TALUPULAMMA AMMAVARI TEMPLE, R/O. LOVAKOTHURU VILLAGE, TUNI MANDAL, EAST GODAVARI ...PETITIONER OTHERS, REP. BY THE PRINCIPAL SECRETARY TO GOVERNMENT, ENDOWMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR COMMISSIONER OF ENDOWMENTS, ENDOWMENT DEPARTMENT SRI TALUPULAMMA AMMAVARI TEMPLE, REP. BY ASSISTANT COMMISSIONER AND ITS EXECUTIVE OFFICER, LOVA VILLAGE, ...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 declaring the action of two the respondent authorities in altering/changing petitioner date of birth in the service register and issuing proceedings vide Rc. No. A1/43/2017 dated 04-07-2017 for retirement of the petitioner as illegal, arbitrary and violative of Art. 14, 16 and 21 of Constitution of India and consequently direct the respondents to continue the petitioner until 19-10-2027 in service by making it clear that the date of birth of the petitioner is 20-10-1967 and pass IA NO: 1 OF 2017(WPMP 33487 OF 2017 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 proceedings vide Rc. No. A1/43/2017 dated 04-07-2017 to continue the petitioner in service and pass Counsel for the Petitioner: 1. K S MURTHY Counsel for the Respondent(S): 1. GP FOR ENDOWMENTS (AP) 2. KOTESWARA RAO KAPPERA SC For Endowments 3. ELEVATED AS JUDGE The Court made the following: THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 26952/2017 ORDER: The present writ petition is filed by the petitioner under Article 226 of the Constitution of India seeking the following main relief: “to declare the action of the respondent authorities in altering/changing petitioner’s date of birth in the service register and issuing proceedings vide Rc.No.A1/43/2017 dated 04.07.2017 for retirement of the petitioner as illegal, arbitrary and violative of Art 14 16 and 21 of Constitution of India and consequently direct the respondents to continue the petitioner until 19.10.2027 in service by making it clear that the date of birth of the petitioner is 20.10.1967 and pass…..” 2. Heard Sri K.Guru Raj, learned counsel representing Sri K.S.Murthy, learned counsel for the petitioner, learned Assistant Government Pleader for Endowments for respondents 1 to 3 and Sri K.Koteswara Rao, learned Standing Counsel for respondent No.4. 3. The petitioner was appointed as a sweeper in respondent No.4 temple namely Talupulamma Ammavari Temple, Lova Village, Tuni Mandal, East Godavari District. He belongs to SC community and he is illiterate. Taking advantage of his illiteracy, respondent authorities changed his date of birth from 1967 to 1957 in his service register and basing upon his age according to 1957 the impugned proceedings vide Rc.No.A1/43/2017 dated 04.07.2017 was issued by respondent No.4 temple. Challenging the same, the present Writ Petition has been filed. 4. Learned Standing Counsel submits that after going through the relevant GO and by duly considering the age of 60 years pursuant to the service register, the impugned order was passed by respondent No.4. Accordingly, the said proceeding is sustainable. 5 During the course of hearing, learned counsel for the petitioner submits that after filing of the instant writ petition, the petitioner preferred a representation to respondent No.4 seeking appointment of his son namely Gampala Rambabu on outsourcing basis as a sweeper. After considering the representation of the petitioner, Sri Gampala Rambabu was appointed as a sweeper by respondent No. 4 and has been regularly paying salary also. 6. On the other hand, learned Standing Counsel submits that the petitioner’s service was extended by respondent No.4 temple. He further submits that respondent No.4 authorities considered the representation of the petitioner and appointed the petitioner’s son through outsourcing agency. Learned Standing Counsel fairly submits that without following due process of law and principles of natural justice, respondent No.4 will not disengage the service of G.Rambabu even the outsourcing agency was changed. 7. The submission made by learned Standing Counsel for respondent No.4 as part of the record. 8. In view of the peculiar facts and circumstances and in view of the substantial development into the lis and by recording the submissions of the learned counsel for the petitioner as well as learned Standing Counsel for respondent No.4 in order to unsettle the settled water and to put quietus the long standing dispute between the parties, the writ petition is disposed of with a direction to the authorities of respondent No.4 not to disengage the service of the petitioner’s son without following due process of law. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ______________________________ MAHESWARA RAO KUNCHEAM, J Date:31.12.2025 AG THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 26952/2017 Date:31.12.2025 AG