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2025 Supreme(Telangana) 2266

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
SUREPALLI NANDA, J.
M. Nagaraju and Others – Appellants
Versus
The State of Telangana and Others – Respondents
Writ Petition No. 28229 of 2023
Decided On : 30-06-2025

Advocates Appeared:
For the Appellant : K. Amrith Raj
For the Respondent: Ch. Satish

ORDER :

1. 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 have been working as daily wage employees in Sri Gnana Saraswati Devasthanam, Basara since 2002– 2003, performing full-time duties without complaints. Despite repeated requests, petitioners are not being paid minimum time scale or had been regularized, though the petitioners are eligible and working on par with regular employees. Thereafter, G.O.Rt.No.121 dated 09.03.2018 was issued to regularize services of employees appointed before 02.06.2014 and the petitioners herein fall within its purview but the petitioners’ service was not regularized. Further, PRC 2015 benefits under G.O.Rt.No.577 dated 15.09.2017 were extended to similarly placed employees but the same had been denied to the petitioners. Aggrieved by the action of respondents in not implementing G.O.Rt.No.121 dated 09.03.2018, 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 3rd and 4th 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

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