Point of law: Affirmative action to make the remedy effective is of the essence of the right which otherwise becomes sterile. A responsible municipal council constituted for the precise purpose of preserving public health and providing better finances cannot run away from its principal duty by pleading financial inability. Decency and dignity are non-negotiable facets of human rights”. Of course, I agree that law is realistic and not idealistic. What cannot be performed under given circumstances cannot be prescribed as a norm to be carried out. From that angle, the progressive taxation system of the country gives enough powers to the government to make its revenue systems workable. However, in a Constitutional Democracy, it cannot be accepted that the financial difficulties of the government can override the rights of the citizens

ORDER :

This writ petition is filed under Article 226 of the Constitution of India, seeking the following relief:

“To issue WRIT OF MANDAMUS declaring the action of the 3rd and 4th Respondents in not paying Gross salaries to the Petitioners on par with other Regular Non-teaching staff from the month of April 2019 is as illegal arbitrary and consequently direct the 3rd and 4th Respondent to pay Gross salaries to the Petitioners including arrears of gross salary from April 2019”

2. Eighteen petitioners filed this writ petition for the relief stated supra, alleging that the third respondent herein/Sri Kalahastheeswara Swamy Vari Devasthanam, Srikalahasti is a public religious institution published under Section 6(a)(ii) of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (for short ‘the Act’) and the same is under the administrative control of the Executive Officer appointed by the Government and registered under Section 43 of the Act.

3. The fourth respondent/Sri Kalahasteswara Institute of Technology was established with the funds of the third respondent vide G.O.Ms.No.875 Revenue (Endowments.II) dated 17.11.1997. The Government of Andhra Pradesh has accorded permission to the third respondent to establish an engineering college in the name of the fourth respondent with the approval of the All India Council for Technical Education (AICTE), New Delhi vide G.O.Ms.No.299 Education (E.C-II) Department dated 24.09.1997 with four B.Tech courses namely Computer Science Engineering, Electronics and Communication Engineering, Mechanical Engineering, Electrical & Electronics Engineering with an intake of 60 seats in each branch.

4. All the administrative affairs of the fourth respondent are under the control of the Governing Body headed by the Commissioner, Endowments Department, who is the Chairman of the fourth respondent Governing Body. The entire funds incurred for the establishment of the fourth respondent institution are borne by the third respondent.

5. The petitioners are appointed in different categories and in different pay-scales. A copy of the appointment order of the first petitioner – P. Subramanyam is placed on record at Page No.24 of the writ affidavit, to show that he is sanctioned pay scale and other allowances such as DA and HRA, and it reads as follows:

“In pursuance of the Governing Body Resolution 1st cited read with the orders passed by the Three Men Committee consisting of the Chairman, Board of Trustees, Sri Kalahastheeswara Swamy Vari Devasthanam, Srikalahasthi, Executive Officer, cum Correspondent of SKIT and the Principal, SKIT in the meeting held on 04.02.2006, the services of Sri P. Subramanyam, working as Junior Assistant/Steno in the Sreekalahastheeswara Institute of Technology are hereby ordered with effect from 01.02.2006 and he is sanctioned the Pay Scales 1989 approved by the Govt. of A.P i.e. Rs.3290-82-3450-100-3950-120-4550-150-5300-170-6150-200-6550 per month.

Accordingly, the Basic Pay of Sri P. Subramanyam, Junior Assistant/Steno is fixed at Rs.3290-00 per month in the above Time Scales of Pay with effect from 01.02.2006. He is also eligible for all the other allowances such as DA & HRA, etc., applicable to the above Pay Scales. Necessary entries will be made in the S.R of the incumbent.”

6. It is the contention of the petitioners that the fourth respondent failed to pay salary to these petitioners from April, 2019. However, a copy of the proceedings is produced which shows salary particulars of the employees furnished by the Principal disclosing that the amount payable to each individual employee along with bank account details. Therefore, the petitioners were appointed on agreement to pay salary, which is shown in the salary particulars issued by the Principal of the fourth respondent institution. But, for one reason or the other, salary is not being paid from April, 2019 onwards, except paying the basic pay. Thus, deferred payment of DA and other allowances on the