( 1 ) QUESTIONING the correctness of Memo in roc. No. TL2/26347/96 dated 22-4-1998 issued by the 1st respondent wherein the request of the petitioner for Special Grade civil Surgeon scale on completion of 5 years as per G. O. Ms. No. 537 M and H (A2) dated 8-9-1981 was rejected, the petitioner filed this writ petition.

( 2 ) THE factual matrix of the case is that the petitioner after taking her Post Graduate degree in General Medicine was appointed as a Medical Officer in the 1st respondent devasthanam on 18-6-1970. Thereafter she was promoted to the post of Civil Surgeon on 2-2-1985. Having put in 5 years of service in Civil Surgeon cadre she made a representation in the year 1996 to the executive Officer of the Devasthanam seeking the Special Grade promotion scale as per G. O. Ms. No. 537 M and H (A2) dated 8-9-1981. The said request was rejected on the ostensible ground that the said G. O. is not applicable to the employees of the t. T. D. Thereafter, the petitioner filed another representation on 3-1-1998 duly bringing to the notice of the Executive officer that one Dr. Harinath was given the special Grade Scale by the T. T. D. under the orders of the Superintendent, General hospital, Tirupathi dated 7-3-1995. Having received the said representation, the respondents did not act in the matter. Hence this writ petition.

( 3 ) IN the counter filed, the respondents have taken the plea that the G. O. relied on by the petitioner is applicable to the Doctors working in Government Hospitals, but not to the doctors working in the T. T. D. When the case of Dr. Harinath was pointed out, they started contending that under g. O. Ms. No. 117, Finance and Planning (F. W. P. R. C.-I) dated 25-5-1981 Special grade Promotions are limited to those employees who are drawing the pay in the revised Pay Scales, 1978 upto and including Grade-XVIII in Schedule I to the a. P. Revised Scales of Pay Rules, 1978 i. e. scale of pay of Rs. 1050-40-1250-50-1600 which was later revised in G. O. Ms. No. 290 dated 22-7-1993 to Rs. 4140-130-4400-160- 5200-190-6150-230-7300-280-8140, and as the petitioner was drawing more than rs. 5,390/- as on that date, she cannot claim the benefit under G. O. Ms. No. 537 M and H (A2) dated 8-9-1981.

( 4 ) WITH regard to the fist contention, suffice it to state that the Service Rules for t. T. D. Employees were framed by the government in exercise of its powers under sections 35,106 and 107 r/w Section 153 of the A. P. Charitable and Hindu Religious institutions and Endowments Act, 1987 (Act no. 30 of 1987) in supersession of the rules that were in force till then. They came into force on 24-10-1989. It is useful to extract rule-4 which is as under: rule-4: The Tirumala Tirupathi devasthanams employees shall be governed by the following rules and such of the orders and clarifications issued on these rules by Government of Andhra Pradesh in respect of the employees of State, Government from time to time in so far as they are not inconsistent with the Act and the rules made thereunder, (I) The Fundamental Rules and the subsidiary Rules issued thereunder; (ii) The Andhra Pradesh Leave Rules 1933; (iii) The Andhra Pradesh Manual of special Pay and Allowances including Travelling Allowances rules and the Subsidiary Rules issued thereunder; (iv) Andhra Pradesh Pension Code and the Andhra Pradesh Liberalized pension Rules, 1961, A. P. Family pension Rules, 1964 and A. P. Revised Pension Rules, 1980; (v) Andhra Pradesh Civil Services (Conduct) Rules, 1964; (vi) Andhra Pradesh Civil Services (Classification Control and Appeal) rules, 1963; (vii) Andhra Pradesh State and subordinate Service Rules; (viii) Andhra Pradesh Financial Code; (ix) Any other executive instructions and Government orders that are issued from time to time by the government in respect of their employees which are not in consistent with the Act and Rules made thereunder;

( 5 ) FROM this it is crystal clear that the employees of the Tirumala Tirupa