APHC010630822017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] SATURDAY, THE SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 32675/2017 Between: 1. VISARAPU MADHAVA APPALA RAJU,E.G.DIST.,& ANR., OCC: NIGHTWATCHAM IN SRI KUKKUTESWARA SWAMY TEMPLE, R/O. 9- 1-134/6, KATTUALGUDEM STREET, PITHAPURAM, EAST GODAVARI DISTRICT. 2. UPPARAPALLI SUBRAHMANYAM, S/O. NOOKARAJU,, OCC: GARDENER IN SRI KUKKUTESWARA SWAMY TEMPLE, R/O. 9-4-15, KATTUALGUDEM STREET, PITHAPURAM, EAST-GODAVARI DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF A P ENDOW AMARAVATHI 2 OTRS, SECRETARY, REVENUE(ENDOWMENTS) DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR, ANDHRA PRADESH. 2. THE COMMISSIONER ENDOWMENTS DEPARTMENT ANDHRA PRADESH, GOLLAPUDI, VIJAYAWADA, KRISHNA DISTRICT. 3. SRI KUKKUTESWARA SWAMY TEMPLE PITHAPURAM TOWN MANDAL, EAST GODAVARI DISTRICT, REP: BY ITS EXECUTIVE OFFICER. ...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 the respondents in not extending the time scale to the petitioners as Night watchman and Gardener in the cadre of attender in the last grade service of the 3rd respondent temple as illegal, 2 arbitrary, improper, unjust, violative of Article 14, 19 & 21 of Constitution of India and consequently direct the 3rd respondent to extend the time scale as Night Watchman and Gardener in the cadre of attender in the last grade service in the 3rd respondent temple and grant all consequential benefits including the monetary benefits Counsel for the Petitioner(S): 1. V S K RAMA RAO Counsel for the Respondent(S): 1. KAPPERA KOTESWARA RAO SC for Endowments, A.P. Region 2. GP FOR ENDOWMENTS (AP) The Court made the following ORDER: The writ petition under Article 226 of the Constitution of India is filed, seeking the following main relief: “……..declaring the action of the respondents in not extending the time scale to the petitioners as Night watchman and Gardener in the cadre of attender in the last grade service of the 3rd respondent temple as illegal, arbitrary, improper, unjust, violative of Article 14, 19 & 21 of Constitution of India and consequently direct the 3rd respondent to extend the time scale as Night Watchman and Gardener in the cadre of attender in the last grade service in the 3rd respondent temple and grant all consequential benefits including the monetary benefits…….” 2. The principal grievance of the petitioners is that, though the petitioners are employees in the 3rd respondent-Sri Kukkuteswara Swamy Temple, the respondent authorities are not granting minimum time scale for the services rendered by the petitioners for the last several years. 3. Heard Sri VSK Rama Rao, learned counsel for the petitioners appearing through virtual mode, and Sri K. Koteswara Rao, learned Standing Counsel for the 3rd respondent Temple. 3 4. At first, Sri K. Koteswara Rao, learned Standing Counsel for the 3rd respondent Temple forwarded a copy of proceedings in Rc.No.63/2018 dated 01.06.2019 and submits that pursuant to the interim order dated 03.10.2017, granted by this Court, the petitioners were being paid minimum time scale without D.A. and H.R.A., with effect from 03.10.2017. He further submits that the very same writ petitioners, namely, 1) Visarapu Madhava Appala Raju and 2) Upparapalli Subrahmanyam, again in the year 2025, instituted another writ petition vide W.P.No.2478 of 2015 before this Court, seeking regularization of their services with other consequential and monetary benefits. Accordingly, he submits that the present writ petition is not maintainable. 5. In response, the learned counsel for the petitioners submits that the respondent authorities granted the minimum time scale. He has also not disputed the aspect of the petitioners' filing the second writ petition. 6. Considering the submissions made that the 3rd respondent Temple has granted minimum time scale to the petitioners with effect from 03.10.2017, coupled with the fact that the very same writ petitioners already filed another writ petition, this Court is inclined to close the writ petition with a liberty to the petitioners to agitate their rights in the other writ petition. 7. There shall be no order as to costs. Miscellaneous petitions, if any, shall stand closed. _______________________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 07.03.2026 GVK 4 66 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION No: 32675 of 2017 Date: 07.03.2026 GVK