ORDER:

SUREPALLI NANDA, J.

Heard Sri K.Amrith Raj, learned counsel appearing on behalf of the petitioners, learned Assistant Government Pleader for Endowments appearing on behalf of the respondent Nos.1 and 2 and Sri Ch.Satish, learned Standing Counsel for Endowments appearing on behalf of the respondent No.3.

2. The petitioners approached this Court seeking the prayer as under:

“….to issue a writ or direction more particularly in the nature of Writ of mandamus by declaring the action of the respondents in not implementing G.O.Rt.No.121 Revenue (Endowment-1)Department, dated 09.03.2018, as illegal, arbitrary, unconstitutional, void and consequently, to direct the respondents to regularize the services of the petitioners with reference to their length of service and seniority in the light of the provisions contained in G.O.Rt.No.121 dated 09.03.2018 and grant the arrears of pay attached to the posts held by the petitioners including the annual grade increments as and when fell due from time to time in accordance to G.O.Rt.No.577 dated 15.09.2017 and to pass.”

3. The case of the petitioners, in brief, is that the petitioners were appointed as daily wage workers (cooks and laddu makers) in Sri Anjaneya Swami Devasthanam, Kondagattu, during the years 2003, 2005, and 2008. After the temple was taken over by the Endowments Department in 2008, the petitioners continued their uninterrupted service. Despite receiving salary enhancements and EPF deductions, the petitioners repeated requests for regularization since 2012 were ignored. Though eligible under G.O.Rt.No.121 Revenue (Endowment-1)Department, dated 09.03.2018 and G.O.Rt.No.577 dated 15.09.2017, the petitioners were denied the benefits extended to similarly placed employees in other temples. Aggrieved by the same, the petitioners filed the present writ petition.

4. PERUSED THE RECORD:

A) This Court, vide its order dated 28.03.2024, passed interim orders in favour of the petitioner observing as under:

“Learned counsel for the respondents seeks time to file counter.

Having regard to the submissions made by learned counsel for the petitioners and considering the facts and circumstances of the case, there shall be interim direction to respondent Nos.2 and 3 to pay minimum pay scale to the petitioners on par with the regularly engaged employees, discharging similar duties, until further orders.

Post on 05.06.2024 for counter.”

B) The averments made in the additional counter affidavit filed on behalf of the respondent No.3 in the present writ petition and in particular, paragraph No.4 is extracted hereunder:

4. “I submit that in this regard, the answering respondent would like to submit that the petitioners herein are not appointed by the competent authority in terms of the statutory rules in the subject temple either on contract/consolidated/NMR basis.”

C) The relevant portion of the proceedings vide R.C.No.25/ SMDAD/2018 dated 09.08.2018 of the Executive Officer, Endowments Department is extracted hereunder:

“Proceedings Vide R.C.No.25/SMDAD/2018 Dated 09.08.2018

Sub:Endowments Department –Sri Maisamma Devatha Temple, Kakarlapahad (V), Nawabpet (M), Mahabubnagar District-Extending Time Scale to Sri K.Yaranna as Paricharika in the existing vacancy-Orders issued.

Ref: 1. G.O.Rt.No.577 Rev (Endts.1) Dept Dt: 15.09.2017, 

2. G.O.Rt.No.121 Rev (Endts.1) Dept Dt: 09.03.2018

3. Rc.No.B/6206/2018, dt: 25.06.2018 from the Commissioner, Endowments Department, Telangana, Hyderabad,

4. COE, T.S., Hyderabad Proceeding in Rc.No.B3/9292/2018, dt: 04.08.2018.

&&&

In pursuance of the orders issued in the reference 3^rd and 4^th cited in exercise of the powers vested under T.S.C. & H.R.I. Act and Rules undertaking into consideration requirement, income of the Temple Sri K.Yarranna who is working as Paricharika in the existing/Supernumerary vacancy and his pay has been fixed at Rs.15.030 in the time scale of 15.030 -46.060 in R.P.S.2015.

It is further informed that Grant In Aid component of salary will be paid subject to ava