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2016 Supreme(AP) 470
IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
A. RAMALINGESWARA RAO, J.
Punnapalli Venkata Suryanarayana Sarma – Petitioner
Versus
The Commissioner of Endowments, State of Andhra Pradesh, Boggulkunta, Tilak & Others – Respondent
Writ Petition No. 14188 of 2016
Decided On : 26-09-2016
For the Petitioners:C. Srinivasa Babu, Advocate.
For the Respondent: K. Lalitha, GP for Endowments (AP).
Headnote:
Employment and Service matter – Termination – Petitioner who is aged about 50 years is a scholar in Sanskrit he obtained Ubhaya Basha Praveena (both Sanskrit and Telugu) qualification from Municipal Oriental College which is affiliated to Acharya Nagarjuna University – Petitioner established a Smartha Veda Patasala with blessings of Sri Jagadguru Balaswamy of Kanchipuram Peetham and named it as Jagadguru Arsha Vidyapeetam – Main purpose of Patasala is to impart coaching in Yajurveda Smartham. More than 20 students were undergoing teaching in the said Veda Patasala. Patasala was continuing in a rented accommodation – He made request to Commissioner of Endowments for allotment of some land to construct a building of its own – Commissioner sought clarification from the Executive Officer of Sri Durga Malleswara Swamy Temple, and took a decision to take over the entire School – Board of Trustees of the second respondent-Devasthanam passed a resolution to take over entire institution under the control of the temple and the Executive Officer was directed to submit a detailed report to the first respondent – Accordingly Executive Officer sent a report stating that the petitioner has been functioning as Principal-cum-Sanskrit Adhyapaka with a consolidated pay of Rs.8000/- per month and sought permission for taking over the management of Smartha Veda Patasala by the temple and run it from the funds of temple – Whether termination of the services of the petitioner by oral orders are proper or not – Held, Termination of petitioner is clearly arbitrary and unbecoming of the conduct of the second respondent at that time – First respondent should have remedied the situation – Even if there are any lapses on the part of petitioner, the petitioner should have been asked to mend his ways – Report of the school committee member says that there is no need for Sanskrit lecturer but Archaka of temple was appointed as Sanskrit lecturer who obviously is not having teaching experience – All the observations made in the report made against the petitioner are negated in practice now. The petitioner was appointed after verifying the qualifications with which none can have any doubt as the petitioner obtained those qualifications from Acharya Nagarjuna University and Sri Venkateswara University – He obtained Grade-I Pandit Training Certificate and Ubhaya Basha Praveena in Telugu and Sanskrit – In view of above facts, the oral termination of the petitioner by second respondent and rejection of the appeal of the petitioner by the first respondent are held illegal and second respondent is directed to take the petitioner in service within a period of thirty (30) days from the date of receipt of a copy of this order for which he should submit an application. The Petitioner shall be placed in regular pay scale applicable to teachers of Veda Patasala. The period during which the petitioner was out of service shall not be treated as duty and he shall not be entitled to any pay and allowances – Petition is allowed. (Paras 19, 20 and 21)
“TELUGU”
1. Puraanamityeva na saadhu sarvam, na caapi kaavyam navamityavadyam I Santah parikshyaanyataradbhajante, mudhah parapratyayaneyabuddhih II -Maalavikaagnimitram, 1-2
(Everything is not great just because it is ancient. Nothing is bad just because it is modern. Intelligent people take things after properly examining it. Idiot simply believes what others say)
2. The petitioner who is aged about 50 years is a scholar in Sanskrit. He also obtained Ubhaya Basha Praveena (both Sanskrit and Telugu) qualification from Municipal Oriental College, Vijayawada, which is affiliated to Acharya Nagarjuna University. He underwent Grade-I Pandit Training in Government College of Education, Hanamkonda of arangal District. He also underwent training in Sanskrit and Telugu. He obtained proficiency certificate in Oriental Learning (POL) in literary criticism as applied to Sanskrit literature and passed the examination held by Acharya Nagarjuna University in May 1986. He passed M.A. (Telugu) and M.Phil from Acharya Nagarjuna University and M.A. (Sanskrit) from Sri Venkateswara University. Apart from that, he got vast experience as Lecturer in Sanskrit. He is also a Pracharak of Sanskritha Basha Samithi since 1998 onwards.
3. The petitioner established a Smartha Veda Patasala with the blessings of Sri Jagadguru Balaswamy of Kanchipuram Peetham and named it as Jagadguru Arsha Vidyapeetam in Vijayawada. It was established on 14.06.2002. The main purpose of the Patasala is to impart coaching in Yajurveda Smartham. More than 20 students were undergoing teaching in the said Veda Patasala. The Patasala was continuing in a rented accommodation. Hence, he made a request to the Commissioner of Endowments for allotment of some land to construct a building of its own. The Commissioner sought clarification from the Executive Officer of Sri Durga Malleswara Swamy Temple, Vijayawada and took a decision to take over the entire School. The Board of Trustees of the second respondent-Devasthanam passed a resolution on 31.07.2004 to take over the entire institution under the control of the temple and the Executive Officer was directed to submit a detailed report to the first respondent. Accordingly, the Executive Officer sent a report on 19.01.2005 stating that the petitioner has been functioning as Principal-cum-Sanskrit Adhyapaka with a consolidated pay of Rs.8000/- per month and sought permission for taking over the management of Smartha Veda Patasala by the temple and run it from the funds of the temple. The said proposal was accepted by the first respondent by proceedings dated 07.03.2005.
4. The Endowments Agama Advisor, Sri Madduri Venkateswara Yajulu recommended his name. After taking over the institution by the second respondent-temple, the petitioner was paid only an amount of Rs.4,000/- per month instead of Rs.8000/- per month. He represented his case to the Principal Secretary, Revenue (Endowments) Department for enhancement of salary from Rs.4000/- to Rs.8000/- as he was drawing the said amount before taking over the institution. However, proceedings were issued on 28.01.2008 enhancing the remuneration from Rs.4000/- per month to Rs.5000/- per month. The matter of enhancement of remuneration from Rs.4000/- to Rs.8000/- per month was placed before the members of the Trust Board and they passed a Resolution No.375, dated 30.05.2008 approving the proposal for payment of Rs.8000/- per month, but the same was not implemented. The Executive Officer addressed a letter to the Commissioner, Endowments Department on 29.01.2009 for enhancement of the remuneration. The Commissioner issued a memo on 08.07.2009 sanctioning only Rs.6000/- per month. However, all of a sudden, the petitioner was asked not to attend the institution. He submitted an appeal to the first respondent on 28.04.2011 and as there was no response he filed W.P. No.19980 of 2015 and this court passed an order on 02.07.2015 directing the first respondent to dispose of the representation
