Common Order:

In this batch of cases, the orders of transfer of Office Holders and servants working in endowments and charitable institutions, governed by the provisions of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987, are challenged. The said orders of transfer are passed by the Commissioner of Endowments, in exercise of powers vested in him under Section 39 read with Section 8 of the A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987 (for short “the Act”) on the ground of better administration of the institutions. Though individual orders are passed, all the orders of transfer are passed on similar lines.

For the purpose of convenience in disposal of the batch of cases, I refer to the facts in Writ Petition No.9286 of 2006.

The order under challenge in Writ Petition No.9286 of 2006 was passed in Rc.No.A3/11094/2006-18 (M.Z.III) by the Commissioner of Endowments. The petitioner who is working in the establishment of Sri Raja Rajeswara Swamy Devasthanam, Vemulawada is transferred and posted in the establishment of Sri Laxmi Narasimha Swamy Devasthanam, Yadagirigutta.

The averments as stated in the affidavit filed in support of the writ petition are thus:

Petitioner’s wife is working as School Assistant at Shatrajpally, Vemulawada Mandal and after a long gap and lot of efforts she was posted there and they are living together at Vemulawada. His mother, who is aged about 70 years is a T.B. patient and is also suffering with kidney problems and the petitioner is taking care of his mother and there is no other person to attend to his mother and give medical assistance. The impugned order of transfer is arbitrary exercise of power with mala fide intention and no opportunity was given to the petitioner and had a notice been given, the petitioner would have satisfied the authorities for his retention at the present place. There are no medical facilities available at the transferred place for the treatment of his mother and there is also no possibility of his wife’s transfer as she is working at Zilla Parishad High School, Shatrajpally. Though the petitioner submitted representation stating that both wife and husband are working, but without considering the said representation, the impugned orders are passed. The impugned orders are arbitrary and also contrary to G.O.Ms.No.71, dated 1.4.2006, and thus pleading, the petitioner sought for setting aside of the said orders.

Common counter-affidavit has been filed by the Commissioner of Endowments, Hyderabad stating as under:

Some awful incidents have come to light, which rocked the Assembly resulting in ordering of Vigilance and A.C.B. enquiries on the incidents of Zonnawada and Sullurupet temples, wherein the employees resorted to printing of duplicate tickets and running parallel counters within the temple premises by curtailing the income of the temple and sold the tickets of various Sevas for their personal wrongful gains, and such type of tendency was said to have developed only because of allowing the temple employees at one place for a longer term. To curb such type of tendency and also for better administration of the institutions, it is felt necessary to effect transfer of longstanding temple employees by invoking the provisions of Section 39 of the Act. A meeting was convened with all the Executive Officers of Major temples including Additional Commissioners and they felt that transfers of longstanding employees have to be effected in the interest of better administration. In the said meeting, the Executive Officers informed that because of the longstanding, many employees developed vested interest while keeping in touch with the local people, suppliers, lease holders, contractors, tenants of the temples etc. resulting in financial loss to the temples. They are misusing their office and lobbying with the bidders in public auctions being conducted from time to time, as a result of which, the income of the inst