TIRUMALA TIRUPATI DEVASTHANAMS Vs. K JOTHEESWARA PILLAI

JUDGEMENT

(1.) This appeal, by special leave, has been preferred against the judgment and order dated 21.1.2003 of a Division Bench of Andhra Pradesh High Court by which the writ appeal preferred by the appellant was dismissed and the judgment and order dated 20.11.1997 of a learned Single Judge, by which the writ petition filed by the respondents was allowed with certain directions, was affirmed.

(2.) The original writ petitioners before the learned single Judge worked for certain periods with the appellant-Tirumala Tirupati Devasthanams as Nominal Muster Rolls (for short NMR) employees. A circular was issued by the appellant on 25.7.1990 wherein it was mentioned that in case of any vacancies, ex-employees should be appointed in order of seniority. The five writ petitioners were temporarily appointed as Attenders by the appellant on 17.8.1992 on the basis of aforesaid circular being ex-employees. After verification of the records and other documents it was found that all the five writ petitioners were overage and were not eligible for appointment and accordingly their services were terminated on 16.4.1993. This order was challenged by the employees by filing Writ Petition No. 5176 of 1993, which was allowed only on the ground that the action had been taken against the writ petitioners without issuing any notice and without giving an opportunity of hearing. The order of termination dated 16.4.1993 was set aside leaving it open to the appellant to take fresh action after giving notice to the concerned employees. The appellant then issued notices to the concerned employees on 26.10.1993 and after considering their reply, passed an order on 30.12.1993 terminating their services on the ground that they were overage and, therefore, ineligible for appointment. The employees then filed Writ Petition No. 3885 of 1994 challenging the order of termination dated 30.12.1993. A learned Single Judge of the High Court allowed the writ petition and set aside the order of termination of service and directed the appellant to reinstate the employees (respondents herein) with continuity of service and full back wages. The main ground which weighed with the learned Single Judge was that though the writ petitioners were appointed as direct recruits on 17.8.1992, but the fact that they had earlier worked for some time on NMR could not be ignored. It was also held that the appellant had practiced invidious discrimination among persons belonging to the same class inasmuch as by proceedings dated 6.4.1993 exemption had been granted to 51 persons from age and educational qualifications and on 4.5.1990 exemption had been granted to five persons who were underage. After mentioning the said facts the learned Single Judge held as under:-

(3.) Learned senior counsel for the appellant has submitted that the service conditions of the employees working in Tirumala Tirupati Devasthanams are governed by the Tirumala Tirupathi Devasthanams Employees Service Rules, 1989 (hereinafter referred to as "the Rules") and under Rule 11 no person, who has completed the age of 28 years, is eligible for appointment by way of direct recruitment and in these circumstances the appointment order issued in favour of the contesting respondents (writ petitioners) was clearly illegal and the same was rightly set aside. Learned counsel has also submitted that the High Court has clearly erred in directing the appellant to grant exemption from eligibility criterion in favour of the respondents as, in law, no such direction can be issued.