ORDER:

The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:-

“to issue any writ or direction more particularly one in the nature of Writ of Mandamus declaring the proceedings of the commissioner in COE – 13021(41) /3/2017-C SEC-Endowment dt.29.8.2017, the proceedings of the Executive Officer in R.C.No.26/2017 dt.1.9.2017 directing reduction of the pay scales allowed to the Petitioners and fixing a sum of Rs.10,000/- as consolidated salary as per the report of the Regional Joint Commissioner, Tirupathi wide Lr.No.A2/2376/2017, dt.2.6.2017 as bad, illegal, arbitrary and violative of Articles 14, 19 and 21 of the Constitution of India and violative of the principles of natural justice and contrary to the rules and consequently direct the respondents to release the time scales allowed to the petitioners w.e.f. 1.9.2017 and pay arrears with all consequential benefits and pass such other orders”.

2. The facts of the case are that the 1st petitioner was initially appointed as Bhajantri in the existing vacancy on 30.11.1988, the 2nd petitioner was appointed on 31.08.1991 on a consolidated salary of Rs.500/-, the 3rd petitioner was appointed on 30.11.1998 on a consolidated salary of Rs.700/- and the 4th petitioner was appointed on 30.11.1998 on a consolidated salary of Rs.800/- per month. While so, in pursuance of the G.O.Ms.No.261, Revenue Department, dated 20.05.2002 and as well as the proceedings of the Commissioner, Endowments Department, dated 05.06.2002, the petitioners made a representation on 01.12.2002 to the 4th respondent requesting to extent the time scale to them, basing on which, the 4th respondent issued proceedings dated 18.12.2002 fixing the petitioners’ time scale in R.P.S.1993 with effect from 01.04.2002 in the scale of Rs.2000-3920 with usual allowances such as D.A., H.R.A., I.R. and C.C.A applicable thereunder and were also extended with the benefit of R.P.S. 1999 and as well as R.P.S. 2005 by circular instructions vide Rc.No.E2/27527/2006, dated 20.09.2006 with effect from 12.02.2009, which was given effect from 01.03.2009.

3. While the matter being so, basing on a complaint made before the Lokayuktha by one Sri Challa Lakshmana alleging various irregularities in the 4th respondent temple, the Lokayuktha issued notice to the 2nd respondent on 16.03.2017 directing to submit a report, who in turn, directed the 3rd respondent to enquire into the irregularities and submit a report vide proceedings dated 01.05.2007. The 3rd respondent submitted a report on 02.06.2017 duly informing the Commissioner that an enquiry was held on 29.05.2017 in the temple premises. While recording a finding on allegation No.2, the 3rd respondent has found that the time scale that was extended to the Bhajantries without obtaining any prior permission from the Commissioner and concluded that Bhajantries shall be paid Rs.10,000/- per month. In pursuance of the said report, the Commissioner, Endowments i.e. the 2nd respondent herein issued proceedings, dated 29.08.2017 revising the pay scales of the petitioners and directed the 4th respondent to pay Rs.10,000/- to the petitioners on consolidated basis, who in turn issued proceedings dated 01.09.2017 informing the same to the petitioners, challenging which, the present writ petition is filed.

4. The main grievance of the petitioners is that their pay scales were revised/reduced to Rs.10,000/- per month to be paid on consolidated basis in pursuance of an enquiry conducted behind them basing on a complaint raised by one Sri Challa Lakshmana even without issuing any notice/opportunity to the petitioner.

5. The 4th respondent filed his counter stating that the petitioners’ appointment was purely on temporary basis and fixing and extending of pay scales are effected to the petitioners without obtaining prior permission from the 2nd respondent, which mistake came to be realized by the 4th respondent at a later stage and therefore, an enquir