LAWS(APH)-1970-8-7

L SITHARAMAIAH Vs. STATE OF ANDHRA PRADESH

Decided On August 04, 1970
L.SITHARAMAIAH Appellant
V/S
STATE OF ANDHRA PRADESH Respondents

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution for directions. The 1st respondent is the Stafe of Andhra Pradesh represented by its Secretary for the Endowments Department. The 2nd Respondent is the Commissioner of Hindu Religious and Charitable Endowments Department, Hyderabad. The petitioners are Executive Officers working in the Hindu Religious and Charitable Endowments Department and have prayed for directions as under :- "Directing the respondents to treat the petitioners as Government servants from the date of their first appointment and to revise their scales of pay and pay them the dearness allowances and other allowances and implement the rules with regard to appointment to higher grades strictly and to call back the departmental persons now on foreign service as Executive Officers to their parental department and pass such further or other order or orders as are deemed fit and proper in the circumstances of the case."

(2.) The facts relevant for decision in this case are briefly these: The petitioners were appointed as Executive Officers under the rules framed under the repealed Act, viz., the Anclhra Pradesh (Andhra Area) Hindu Religious and Charitable Endowment Act, 1951. The relevant rules framed thereunder under which they were appointed were contained in G.O. Ms. No. 182, Rural Welfare, dated 5th February, 1953. The said Act was repealed by the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act (XVII of 1966) which came into force as and from 26th January, 1967. Section 27 of Act XVII of 1966 makes a provision for the appointment of Executive Officers. Sub-section (5) thereof provides that ''The executive officer appointed under this section shall be the employee of the Government and the conditions of his service shall be such as may be determined by the Government. The salary allowances, pension and other remuneration of the Executive Officer shall be paid in the first instance out of the consolidated fund of the State and later recovered from the institution or endowment concerned in accordance with the procedure laid down in this Act for the recovery of contribution from the institution or endowment.

(3.) The present writ petition has been filed seeking for the directions as set out supra. It is also alleged in the reply affidavit that the petitioners were not paid the additional dearness allownace as per G.O. Ms. No. 4 dated 6th January, 1968, G.O. Ms. No. 145 dated 8th June, 1968 and G.O. Ms. No. 17 (Finance) dated 20th January, 1969.