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2023:APHC:25815 HIGH COURT OF ANDHRA PRADESH MONDAY ,THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND TWENTY THREE PRSENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 32197 OF 2016 Between:
1. C.Chandrasekhar Reddy S/o C,Gopal Reddy, aged 48 years, Petitioner is working in S.V. Gosamrakshana Shala, TTDs, Tirupathi and residing at Tirupathi, Chittoor District
2. K.Subramanyam, S/o Thimmaiah,aged 42 years Petitioner is working in S.V. Gosamrakshana Shala, TTDs, Tirupathi and residing at Tirupathi, Chittoor District 3. M.Munirathnam, S/o Gurrappa Chetty, aged 43 years, Petitioner is working in S.V. Gosamrakshana Shala, TTDs, Tirupathi and residing at Tirupathi, Chittoor District
4. A.Venkatamuni, S/o Munaswamy, aged 48 years, Petitioner is working in S.V. Gosamrakshana Shala, TTDs, Tirupathi and residing at Tirupathi, Chittoor District
5. T.Ekambaram, S/o Munaswamy, aged 46 years, Petitioner is working in S.V. Gosamrakshana Shala, TTDs, Tirupathi and residing at Tirupathi, Chittoor District
6. T.Subramanyam Reddy, S/o Rami Reddy, aged 43 years, Petitioner is working in S.V. Gosamrakshana Shala, TTDs, Tirupathi and residing at Tirupathi, Chittoor District
7. G.Sathyanarayana, S/o Venkatasubbaiah, aged 51 years, Petitioner is working in S.V. Gosamrakshana Shala, TTDs, Tirupathi and residing at Tirupathi, Chittoor District
8. S.Venkatasubba Naidu, S/o Venkataiah, aged 45 years, Petitioner is working in S.V. Gosamrakshana Shala, TTDs, Tirupathi and residing at Tirupathi, Chittoor District
9. P.Munikrishnaiah, S/o Doraswamy, aged 45 years, Petitioner is working in S.V. Gosamrakshana Shala, TTDs, Tirupathi and residing at Tirupathi, Chittoor District
10. N.Prabhakar Reddy, S/o Ramachandra Reddy, aged 45 years, Petitioner is working in S.V. Gosamrakshana Shala, TTDs, Tirupathi and residing at Tirupathi, Chittoor District
11. R.Munirathnam, S/o Singiri Chetty, aged 50 years, Petitioner is working in S.V. Gosamrakshana Shala, TTDs, Tirupathi and residing at Tirupathi, Chittoor District 12. P.Purushotham, S/o Venkataramaiah, aged 46 years, Petitioner is working in S.V. Gosamrakshana Shala, TTDs, Tirupathi and residing at Tirupathi, Chittoor District
13. D.Chengalrayulu, S/o Illu, aged 41 years, Petitioner is working in S.V. Gosamrakshana Shala, TTDs, Tirupathi and residing at Tirupathi, Chittoor District
14. G.Subramanyam Naidu S/o Gangi Naidu, aged 43 years, Petitioner is working in S.V. Gosamrakshana Shala, TTDs, Tirupathi and residing at Tirupathi, Chittoor District
15. M.Suryanarayana, S/o Krishnama Chetty, aged 48 years, Petitioner is working in S.V. Gosamrakshana Shala, TTDs, Tirupathi and residing at Tirupathi, Chittoor District
16. K.Naga Raju, S/o Dharmaiah, aged 47 years, 2023:APHC:25815 Petitioner is working in S.V. Gosamrakshana Shala, TTDs, Tirupathi and residing at Tirupathi, Chittoor District
17. R.Parthasaradhi, S/o Venkatrayulu, aged 43 years, Petitioner is working in S.V. Gosamrakshana Shala, TTDs, Tirupathi and residing at Tirupathi, Chittoor District
18. C.Pattabhi Reddy, S/o Rami Reddy, aged 43 years, Petitioner is working in S.V. Gosamrakshana Shala, TTDs, Tirupathi and residing at Tirupathi, Chittoor District
19. R.Nagamallikarjuna Chetty, S/o Chinnamallikarjuna Chetty, aged 44 years, Petitioner is working in S.V. Gosamrakshana Shala, TTDs, Tirupathi and residing at Tirupathi, Chittoor District
20. M.Yanadhi Reddy, S/o Chenchu Reddy, aged 42 years, Petitioner is working in S.V. Gosamrakshana Shala, TTDs, Tirupathi and residing at Tirupathi, Chittoor District
21. T.Chinnappa Reddy, S/o Sidda Reddy, aged 47 years, Petitioner is working in S.V. Gosamrakshana Shala, TTDs, Tirupathi and residing at Tirupathi, Chittoor District
22. T.Subramanyam, S/o Rangaiah, aged 44 years, Petitioner is working in S.V. Gosamrakshana Shala, TTDs, Tirupathi and residing at Tirupathi, Chittoor District
23. P.Rajaiah, S/o Bodaiah, aged 47 years, Petitioner is working in S.V. Gosamrakshana Shala, TTDs, Tirupathi and residing at Tirupathi, Chittoor District
24. K.Kumaraswamy Reddy, S/o Subba Reddy, aged 48 years, Petitioner is working in S.V. Gosamrakshana Shala, TTDs, Tirupathi and residing at Tirupathi, Chittoor District
25. A. Allaswamy, S/o Raghavulu, aged 46 years Petitioner is working in S.V. Gosamrakshana Shala, TTDs, Tirupathi and residing at Tirupathi, Chittoor District
26. M. Krishnaiah, S/o Gangaiah, aged 41 years, Petitioner is working in S.V. Gosamrakshana Shala, TTDs, Tirupathi and residing at Tirupathi, Chittoor District
27. V.Harinath, S/o. Munikrishnaiah, aged 49 years, Petitioner is working in S.V. Gosamrakshana Shala, TTDs, Tirupathi and residing at Tirupathi, Chittoor District
28. P.Nagulaiah, S/o Subbaiah, aged 42 years, Petitioner is working in S.V. Gosamrakshana Shala, TTDs, Tirupathi and residing at Tirupathi, Chittoor District
29. N.Umapathi, S/o Papaiah, aged 46 years, Petitioner is working in S.V. Gosamrakshana Shala, TTDs, Tirupathi and residing at Tirupathi, Chittoor District
30. P.Rajanna, S/o Chinnappa, aged 39 years, Petitioner is working in S.V. Gosamrakshana Shala, TTDs, Tirupathi and residing at Tirupathi, Chittoor District
31. P.Chandrasekhar Reddy S/o Putta Reddy aged 42 years, Petitioner is working in S.V. Gosamrakshana Shala, TTDs, Tirupathi and residing at Tirupathi, Chittoor District 32. P.Sudhakar Reddy, S/o Muni Reddy, aged 42 years, Petitioner is working in S.V. Gosamrakshana Shala, TTDs, Tirupathi and residing at Tirupathi, Chittoor District
33. M.Ramesh, S/o Narasimhulu, aged 43 years, Petitioner is working in S.V. Gosamrakshana Shala, TTDs, Tirupathi and residing at Tirupathi, Chittoor District
34. K.Venkataswamy, S/o Bhattaiah, aged 48 years, 2023:APHC:25815 Petitioner is working in S.V. Gosamrakshana Shala, TTDs, Tirupathi and residing at Tirupathi, Chittoor District
35. A.Mallikarjuna Reddy, S/o Venkatrami Reddy, aged 49 years, Petitioner is working in S.V. Gosamrakshana Shala, TTDs, Tirupathi and residing at Tirupathi, Chittoor District
36. Y.Sivaiah, S/o Ankaiah, aged 50 years, Petitioner is working in S.V. Gosamrakshana Shala, TTDs, Tirupathi and residing at Tirupathi, Chittoor District
37. K.Ravi, S/o Karreiah, aged 46 years, Petitioner is working in S.V. Gosamrakshana Shala, TTDs, Tirupathi and residing at Tirupathi, Chittoor District
38. S.Amamath, S/o Siddaiah, aged 43 years, Petitioner is working in S.V. Gosamrakshana Shala, TTDs, Tirupathi and residing at Tirupathi, Chittoor District
39. A.Narayana Reddy, S/o Jayarami Reddy, aged 48 years, Petitioner is working in S.V. Gosamrakshana Shala, TTDs, Tirupathi and residing at Tirupathi, Chittoor District
40. P.Bhaskar Reddy, S/o Avanasi Reddy, aged 43 years, Petitioner is working in S.V. Gosamrakshana Shala, TTDs, Tirupathi and residing at Tirupathi, Chittoor District 41. B.Thulasi Ram, S/o Muddukrishnaiah, aged 42 years, Petitioner is working in S.V. Gosamrakshana Shala, TTDs, Tirupathi and residing at Tirupathi, Chittoor District
42. B.Ravi kumar, S/o Munaswamy, aged 44 years, Petitioner is working in S.V. Gosamrakshana Shala, TTDs, Tirupathi and residing at Tirupathi, Chittoor District
43. K.Ravi Kumar, S/o Lakshmaiah, aged 39 years, Petitioner is working in S.V. Gosamrakshana Shala, TTDs, Tirupathi and residing at Tirupathi, Chittoor District
44. P. Sekhar, S/o Doraswamy, aged 42 years Petitioner is working in S.V. Gosamrakshana Shala, TTDs, Tirupathi and residing at Tirupathi, Chittoor District
45. P.Guravaiah, S/o Krishnaiah, aged 39 years, Petitioner is working in S.V. Gosamrakshana Shala, TTDs, Tirupathi and residing at Tirupathi, Chittoor District
46. D.Venkateswarlu, S/o Prabhakar, aged 40 years, Petitioner is working in S.V. Gosamrakshana Shala, TTDs, Tirupathi and residing at Tirupathi, Chittoor District
47. U.Nagabhushanam, S/o Krishnaiah, aged 54 years, Petitioner is working in S.V. Gosamrakshana Shala, TTDs, Tirupathi and residing at Tirupathi, Chittoor District
48. C.Parusurami Reddy, S/o Baskar Reddy, aged 44 years, Petitioner is working in S.V. Gosamrakshana Shala, TTDs, Tirupathi and residing at Tirupathi, Chittoor District
49. G.Raghu, S/o Lakshman, aged 46 years, Petitioner is working in S.V. Gosamrakshana Shala, TTDs, Tirupathi and residing at Tirupathi, Chittoor District
50. C. Venkata Chalapathi, S/o Venkatanagulu, aged 46 years, Petitioner is working in S.V. Gosamrakshana Shala, TTDs, Tirupathi and residing at Tirupathi, Chittoor District
51. S.Chandrasekhar, S/o Muthyalaiah, aged 46 years, Petitioner is working in S.V. Gosamrakshana Shala, TTDs, Tirupathi and residing at Tirupathi, Chittoor District
52. M.Munaswamy, S/o Rosaiah, aged 44 years, 2023:APHC:25815 Petitioner is working in S.V. Gosamrakshana Shala, TTDs, Tirupathi and residing at Tirupathi, Chittoor District
53. K.Viswanadha Achari, S/o Sambasivachari, aged 37 years, Petitioner is working in S.V. Gosamrakshana Shala, TTDs, Tirupathi and residing at Tirupathi, Chittoor District 54. S.Subramanyam Raju, S/o Pichi Raju, aged 39 years, Petitioner is working in S.V. Gosamrakshana Shala, TTDs, Tirupathi and residing at Tirupathi, Chittoor District 55. P. Munisundaram, S/o Munikrishnaiah, aged 44 years Petitioner is working in S.V. Gosamrakshana Shala, TTDs, Tirupathi and residing at Tirupathi, Chittoor District
56. B.Mohan, S/o Muddukrishnaiah, aged 44 years, Petitioner is working in S.V. Gosamrakshana Shala, TTDs, Tirupathi and residing at Tirupathi, Chittoor District 57. B.Sesha Reddy, S/o Jayarami Reddy, aged 40 years, Petitioner is working in S.V. Gosamrakshana Shala, TTDs, Tirupathi and residing at Tirupathi, Chittoor District
58. K.Adikesavulu Naidu, S/o Buchi Naidu, aged 50 years, Petitioner is working in S.V. Gosamrakshana Shala, TTDs, Tirupathi and residing at Tirupathi, Chittoor District
59. C.Konda Reddy, S/o Venkat Reddy, aged 56 years, Petitioner is working in S.V. Gosamrakshana Shala, TTDs, Tirupathi and residing at Tirupathi, Chittoor District
60. D.Rama Murthy, S/o Chinnabba, aged 44 years, Petitioner is working in S.V. Gosamrakshana Shala, TTDs, Tirupathi and residing at Tirupathi, Chittoor District
61. K.Bhaskar, S/o Chengaiah, aged 40 years, Petitioner is working in S.V. Gosamrakshana Shala, TTDs, Tirupathi and residing at Tirupathi, Chittoor District
62. C.Yugandhar Reddy S/o Venkataswamy Reddy, aged 42 years, Petitioner is working in S.V. Gosamrakshana Shala, TTDs, Tirupathi and residing at Tirupathi, Chittoor District
63. C.Subramanyam, S/o Ramana Reddy, aged 46 years, Petitioner is working in S.V. Gosamrakshana Shala, TTDs, Tirupathi and residing at Tirupathi, Chittoor District 64. O.Muneeswaraiah, S/o Venkatesam, aged 45 years, Petitioner is working in S.V. Gosamrakshana Shala, TTDs, Tirupathi and residing at Tirupathi, Chittoor District
65. N. Kanna Reddy, S/o Natesh Reddy, aged 48 years Petitioner is working in S.V. Gosamrakshana Shala, TTDs, Tirupathi and residing at Tirupathi, Chittoor District
66. M. Muragaiah, S/o. Changalrayulu, aged 45 years Petitioner is working in S.V. Gosamrakshana Shala, TTDs, Tirupathi and residing at Tirupathi, Chittoor District 67. M.Reddeppa Reddy, S/o Nagi Reddy, aged 51 years, Petitioner is working in S.V. Gosamrakshana Shala, TTDs, Tirupathi and residing at Tirupathi, Chittoor District
68. B.Bhaskar Reddy, S/o Veeraswamy Reddy, aged 48 years, Petitioner is working in S.V. Gosamrakshana Shala, TTDs, Tirupathi and residing at Tirupathi, Chittoor District 69. S.Chandrasekharan, S/o Nadhamuni, aged 36 years, Petitioner is working in S.V. Gosamrakshana Shala, TTDs, Tirupathi and residing at Tirupathi, Chittoor District
70. M.Ekambaram Reddy, S/o Krishna Reddy, aged 43 years, 2023:APHC:25815 Petitioner is working in S.V. Gosamrakshana Shala, TTDs, Tirupathi and residing at Tirupathi, Chittoor District
71. A. Muneiah, S/o Nagaiah, aged 42 years Petitioner is working in S.V. Gosamrakshana Shala, TTDs, Tirupathi and residing at Tirupathi, Chittoor District
72. T. Ramalingaiah, S/o Reddeppa, aged 47 years Petitioner is working in S.V. Gosamrakshana Shala, TTDs, Tirupathi and residing at Tirupathi, Chittoor District
73. K. Ravi, S/o Krishnaiah, aged 44 years Petitioner is working in S.V. Gosamrakshana Shala, TTDs, Tirupathi and residing at Tirupathi, Chittoor District
74. M.Mohan Babu, S/o Gurappa, aged 39 years, Petitioner is working in S.V. Gosamrakshana Shala, TTDs, Tirupathi and residing at Tirupathi, Chittoor District
75. P. Prabhakar Reddy, S/o Govinda Reddy, aged 47 years Petitioner is working in S.V. Gosamrakshana Shala, TTDs, Tirupathi and residing at Tirupathi, Chittoor District
76. A. Murali, S/o.Govindaswamy, aged 39 years Petitioner is working in S.V. Gosamrakshana Shala, TTDs, Tirupathi and residing at Tirupathi, Chittoor District
77. C. Sudhakar Reddy, S/o Konda Reddy, aged 33 years Petitioner is working in S.V. Gosamrakshana Shala, TTDs, Tirupathi and residing at Tirupathi, Chittoor District
78. V. Suresh, S/o Venkatamuni Achari, aged 43 years Petitioner is working in S.V. Gosamrakshana Shala, TTDs, Tirupathi and residing at Tirupathi, Chittoor District
79. M. Subramanyam Reddy, S/o Venkata Reddy, aged 42 years Petitioner is working in S.V. Gosamrakshana Shala, TTDs, Tirupathi and residing at Tirupathi, Chittoor District
80. C. Kotappa, S/o Venkataswamy, aged 48 years Petitioner is working in S.V. Gosamrakshana Shala, TTDs, Tirupathi and residing at Tirupathi, Chittoor District ...PETITIONER(S)
AND:
1. The Tirumala Tirupathi Devasthanams Tirupathi, Chittoor District Rep. by its Executive Officer
81. The State of Andhra Pradesh Rep. by its Principal Secretary Revenue (Endt.III) Dept., AP Secretariat, Hyderabad ...RESPONDENTS Counsel for the Petitioner(s): J SUDHEER Counsel for the Respondents: C SINDHU KUMARI The Court made the following: ORDER
2023:APHC:25815 THE HONOURABLE SMT. JUSTICE V.SUJATHA WRIT PETITION Nos.3661 of 2004 and 32197 of 2016
COMMON ORDER:
Since the issue involved in these two Writ Petitions is one and the same, I am of the view that it is appropriate to decide both the writ petitions by common order.
W.P. No.3661 of 2004:
The present Writ Petition came to be filed 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 TTD management in treating the petitioners as Petty Contract Labourers, as arbitrary, discriminatory and illegal and consequently direct the respondents to regularize the services of the petitioners in the existing vacant posts held by them in S.V.Dairy Farm, TTD Tirupathi from the date of their initial appointment and with all other consequential benefits monetary and otherwise...”
W.P. No.32197 of 2016:
The present Writ Petition came to be filed under Article
226 of the Constitution of India seeking the following relief:-
2 2023:APHC:25815 “….to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 1st Respondent in not considering the Petitioners case for regularization of their services in the existing sanctioned vacant posts in SV Gosamrakshana Shala TTDs Tirupathi and also not implementing the Revised Pay Scale 2015 to the Petitioners as arbitrary discriminatory and illegal and consequently direct the 15 Respondent to implement forthwith Revised Pay Scale 2015 to the Petitioners w.e.f.01.04.2015, without insisting permission from the Govt. and further direct the 1st Respondent to consider the Petitioners case for absorption and regularization of their services as has been done in respect of other similarly situated workers including TTD Colleges, Hostels workers in the light of the orders issued in G.O.Ms.No.2500 Revenue Endtt III Dept dt 20 11 2007 etc ignoring the condition stipulated in Proceedings RocNo C1126/SVGS/2007dt 26 12 2007 and Roc No C1114/SVGS/2008 dt 19 09 2008 and with all other consequential benefits monetary or otherwise and with all other consequential benefits monetary or otherwise...”
2. The brief facts of the case are that all the petitioners herein are working in the existing sanctioned vacant posts such as milk man, attenders etc. in S.V.Gosamrakshana Shala, previously known as S.V.Dairy Farm under the management of Tirumala Tirupati Devasthanams (for short ―TTD‖). They were initially paid daily wages, payable on monthly rate, directly by the 1st
3 2023:APHC:25815 respondent. Though the petitioners have been discharging their duties to the utmost satisfaction of their superiors without any adverse remarks and having put in considerable length of service, in the month of February, 2004, there was a threat of discontinuation of the petitioners with an intention to engage 3rd parties for the same duties and on the same terms and conditions as that of the petitioners. Under those circumstances, the petitioners have filed W.P.Nos.3661 of 2004, 4029 of 2004, 4923 of 2004 and 4926 of 2004.
3. This Court vide orders dated 27.02.2004 has passed an interim order in W.P.No.3661 of 2004 as under:
―There shall be interim direction to the 4th respondent to continue the petitioners in service, until further orders.”
4. As against 124 sanctioned posts in the Last Grade Service in S.V. Gosamrakshana shala, 20 regular employees were working and as such, the petitioners have been engaged to work in the remaining vacant posts. The nature of work in S.V. Gosamrakshana Shala is very arduous and the timings are very odd, where regular employees do not show willingness to work and seek transfer to some other department. The present Gosamrakshana Shala was called Goshala from the time immemorial and later, in the year 1956, it was changed as Dairy Farm. Milk is supplied to all the local TTDs Temples including
4 2023:APHC:25815 Srivari Temple at Tirumala, where milk has to be supplied by 4.30 AM for the purpose of Abhishekam and other ritu
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