ORDER :

Petitioners 54 in number filed the present Writ Petition under Article 226 of the Constitution of India seeking the following relief:-

“to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in not regularizing services on the petitioners as Electrical workers, Nurses, Computer Operators, Drivers, Attendars, Welders, Masion, Carpenters, Compounder, Paricharika, Bajanthris, Helpers in Water Supply, Stationary, Annadham, Prasadham Making and C.C.T.V. Operators in the 3rd respondent temple in spite of the petitioners representation dated 08.10.2020 as in accordance with Para No.53 “Uma Devi Case and other Judgments of Hon’ble Apex Court, as illegal, arbitrary, violative of principles of natural justice under the provisions of The Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 and offends Articles 14, 19, 21 and 300-A of Constitution of India and consequently direct the respondents to regularize services of the petitioners as permanent employees with all benefits and allowances and to pass such other order or orders ….”.

2. Writ affidavit was deposed by petitioner No.1. In the affidavit it was contended inter alia that all the petitioners are working in different wings of respondent No.3 Temple as contract labour. As per particulars mentioned in the affidavit petitioner No.34 has been working as Driver since 1993 and petitioner No.35 has been working as Helper-Carpenter since 1999. All the petitioners have been working for more than ten to fifteen years and so on. Petitioners possess requisite qualification to work as contract labour. After satisfying education qualifications, respondent Nos.2 and 3 gave appointment to the petitioners. Petitioners filed W.P.Nos.5244, 5812 of 2018 and 6973 of 2018 seeking grant of time scale. Pursuant to the orders in the above writ petitions, petitioners were granted minimum time scale on par with permanent employees of last grade and services of some of the candidates were regularized. On a number of occasions, petitioners requested respondents to regularize their service. Since their representations did not evoke any favourable response, petitioners filed the present writ petition.

3. Counter affidavit was filed by respondent No.3. In the counter affidavit, it was not disputed with regard to the fact that petitioners have been working in different wings of respondent No.3-Temple. It was contended inter alia that as per Section 35 of the A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987 (for short ‘the Act’), every vacancy in the approved cadre strength whether permanent or temporary amongst, the office holders or servants of a charitable or religious institution or endowment shall be filled by the Trustee with prior permission of the competent authority and the competent authority is Commissioner, Endowments. Petitioners have been working in respondent No.3 Temple on contract basis. Petitioners were not appointed against sanctioned posts. Commissioner, Endowments did not accord permission to respondent No.3 to create the posts and hence, petitioners are not entitled for regularization of their services.

4. While things stood thus, Government issued G.O.Rt.No.1997 (Endowments-I) Department, dated 18.10.2005 and imposed ban on recruitment in the Institutions under the Act, 30 of 1987. By virtue of ban imposed by the Government in the matters of recruitment, services of the petitioners and other similarly situated persons are being continued on contract basis. Remuneration is being paid as per 2015 pay scales i.e. minimum basic pay without allowances. Petitioners cannot invoke the theory of legitimate expectation when the appointment to the post could be made only by following proper procedure for selection.

5. In respect of two persons, who were extended time scale pay, they have been working as Computer Operators, which is equivalent cadre of Junior Assistant