APHC010303572012 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3331]

(Special Original Jurisdiction)

FRIDAY, THE TWENTY EIGHTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 39113/2012 Between:

1. A .BHASHIKACHARYULU, S/O SRI A. VENKATACHARYULU AGED ABOUT 42 YEARS, PARICHARIKA, SRI PATTABHI RAMASWAMY TEMPLE, VALMIKIPURAM R/O H.NO1-67/1, TIRUCHANURU TIRUPATHI RURAL MANDAL, CHITTOOR DISTRICT.

...PETITIONER AND

1. T IRUMALA TIRUPATHI DEVASTHANAMS, Tirupathi, Chittoor District.

Rep. by its Executive Officer.

...RESPONDENT Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, order or direction more particularly one in the nature of the Writ of Mandamus declaring the action of the Respondent Temple in not extending the time scale of pay attached to the post of Paricharika and not regularizing the services of the petitioner as arbitrary, illegal and quite contrary to law and against the principles of natural justice and consequently direct the Respondent Temple to regularize services of the petitioner with retrospective effect at par with others with all consequential benefits and pass IA NO: 1 OF 2012(WPMP 49641 OF 2012 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant interim directions directing the Respondent Temple to extend the time scale o fpay attached to the post of paricharika with immediate effect at par with other similarly situated persons pending disposal of the main writ petition Counsel for the Petitioner:

1. P V VENKATA RAVI SANKAR Counsel for the Respondent:

1.

2. SHYAM S AGRAWAL The Court made the following:

:: ORDER ::

Heard Sri P.Venkata Ravi Sankar, learned counsel for the petitioner and Sri C.Srinivasa Baba, learned Standing counsel for the respondent.

2. The petitioner filed the above writ petition to declare the action of the respondents in neither extending the time scale of pay attached to the post of Paricharika nor regularising his services, as illegal and arbitrary.

3. The petitioner was initially engaged as Paricharika at Sri Pattabhi Ramaswamy Temple, Valmikipuram, on sambhavana basis by proceedings Roc No.1/PRST/VLD/1998 dated 09.09.2004. The petitioner was initially paid Rs.50/- per day, and thereafter, Rs.3,000/- per month, vide Roc.No.B1/13354/CAO/2009 dated 24.09.2009.

4. As things stood thus, a Sambhavana Archaka in Sri Pattabhi Ramaswamy Temple, Valmikipuram, died, and the Deputy Executive Officer (LT), issued proceedings NO.SGT3/29/Sri G.T.2009 dated 30.05.2009, to utilise the service of the petitioner as Sambhavana Archaka. The proceedings further discern that the petitioner is entitled to Rs.10,050/- per month. Thereafter, the petitioner made a representation dated 04.10.2012 requesting the authorities to extend the minimum time scale and to regularise his service and subsequently filed the present writ petition.

5. A counter-affidavit was filed on behalf of the respondent, and it was contended, inter alia, that Sri Pattabhi Ramaswamy Temple was earlier under the control of the Endowment Department. Later, it was taken over by the respondent on 23.02.1997. Subsequently, the Government issued G.O.Ms.No.1536 dated 20.02.2008 directing the respondent to release grants in aid to temples taken over by etc.

6. The petitioner’s services are being utilised as Sambhavana Archaka as he is rendering services of Archakatvam in the temple after the demise of Sambhavana Archaka in view of the emergency. The respondent authority is not aware of the petitioner qualifying in the Archaka examination. The arrangement made on 30.05.2009, is only a temporary arrangement and did not confer any right upon him and thus prayed to dismiss the writ petition.

7. The points for consideration are:

(a) Whether the petitioner is entitled