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2023 Supreme(Online)(AP) 30010

THE HON'BLE SRI JUSTICE M. GANGA RAO WRIT PETITION No.23557 of 2009

ORDER:

This writ petition is filed seeking the following relief/s:

“..to issue a Writ, order or direction, more particularly one in the nature of a writ of mandamus by setting aside that portion of G.O.Ms.No.2500, dated 20.11.2007 issued by the 4th respondent and consequential proceeding dated 30.08.2008 issued by the 1st respondent in regularizing the petitioner in last grade service, that too with effect from 20.11.2007 by holding the action of the respondents in not regularizing the petitioner with effect from 20.11.1990 as Store Keeper, the post and work the petitioner was holding since her appointment while regularizing several others/juniors in the cadre of they were working and with effect from their initial date of appointment as bad, illegal, arbitrary and unconstitutional and consequently direct the respondent to regularize the service of the petitioner as store keeper with effect from 20.11.1990 and not doing so as bad illegal, unconstitutional and discriminatory and pass such other orders...”

2. Heard Sri J. Sudheer, learned counsel for the petitioner and Sri S. Satyanaranya Prasad, learned Senior Counsel appearing for Smt C. Sindhu Kumari, learned counsel appearing for the respondents. Learned counsel for the respondents seeks adjournment to get ready in the matter and file additional counter affidavits by the respondents. This Court has declined to grant any time as this writ petition of the year 2009 underwent several adjournments for filing counter and is specially identified matter for disposal.

3. The petitioner, being qualified for appointment as a store keeper, claims to be appointed as a store keeper in Padmavathi Women’s Polytechnic Hostel, on selection by the hostel committee w.e.f 20.11.1990 Initially she was paid a consolidated pay of Rs.250/- per month. She has put in continuous service of nineteen years in the said post. The Tirumala Tirupati Devasthanam [‘TTD’, for short] vide resolution No.192 dated 03.06.1991 created 139 posts in the college hostels attached to the educational institutions run by the TTD and many hostel employees were regularised and timescales were given, as per the orders of this Court passed in WP.No.5162 of 2001. When the juniors of the petitioner working in other hostels were regularised, the hostel employees working in the 3rd respondent hostel made representation for regularisation of their services. The 3rd respondent addressed a letter to the Executive Officer of the TTD vide letter dated 12.04.1994 giving details of the employees working in the hostel and recommended for their regularisation. On further clarification sought by the Assistant Educational Officer of the TTD, the 3rd respondent through his letter dated 22.11.1995 furnished the details of the employees working in the 3rd respondent hostel wherein petitioner’s name is shown in the said list as appointed as a store keeper on 20.11.1990. However, no action was taken for their regularisation on par with others. The TTD has regularised services of more than 2000 NMRs during the period between 19.04.1988 and 01.08.1991 duly obtaining exemption from the Government from the process of employment exchange. The petitioner along with other employees working in the 3rd respondent hostel are entitled for regularisation as was done in the case of employees working in other hostels under the management of the TTD.

4. The TTD is empowered under the provisions of Rule 10 of the TTD Rules issued vide G.O.Ms.No.1060, dated 24.10.1989 to create and fix the cadre strength in respect of all posts below Assistant Executive Officer and for higher cadres the Government would fix the cadre strength. All the hostel employees are below the cadre of Assistant Executive Officer. The TTD Trust Board is competent to create the posts. Three employees i.e., helper, office boy and watchman working in the hostel attached to Sri Govinda Rajaswamy Arts College filed WP.No.18873 of 1994 seeking regularisation of their services on par with other emplo

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