K SRINIVASULU SETTY Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) South India has the distinction of having the most revered and worshipped temple of Lord Venkateswara of great antiquity on the seven hills of Tirumala-Tirupati Devasthanams. Persons professing Hindu faith, belonging to different walks of life saints, writers, businessmen, poets, politicians and others are devotees of this temple. Many writers have written in prose and poetry in praise of Lord Venkateswara. Among them was a great saint and poet Annamacharya who had written Sankeerthanas in Telugu language, which were inscribed on palm leaves, copper plates, etc. But, for different reasons, the public did not have the advantage of his invaluable works. Tirumala-Tirupati Devasthanams (T.T.D) launched a project named "Annamacharya Project" for purposes of unearthing hundreds of his compositions said to have been inscribed on the palm leaves, copper plates etc. One K. Srinivasulu Setly who was appointed in the T.T.D. service as tutor in Telugu language (Sri Venkateswara Arts College) and was later promoted as Lecturer in Telugu on 5-8-1968, was deputed to work in this Project at Tanjore Saraswathi Mahal Library. As for the qualification of Srinivasulu Setty, it is stated that he took his degree in higher class in 1963, acquired post-graduate Diploma in Linguistics from Venkateswara University and had completed his doctorate in Annamacharya language, but had to submit his thesis.

(2.) On 6-12-1978 Srinivasulu Setty was deputed to work as Special Officer of Annamacharya Project work duly assigning his duties. On 22-9-81 in Resolution No. 450 the Management Committee of T.T.D. expressed that it would be unfair to keep Srinivasulu Setty on deputation, who had been associated with Annamacharya work and activities and that if he was willing the Management might bring him over to the project on permanent basis offering sufficient incentives, and proposed to have permanent post of Special Officer redesignated as 'Director' with a scale of pay of Rs. 1200-50-1350- 60-1950. It was resolved to create a Director's post as proposed and the proposal to appoint Srinivasulu Sctty in the said scale of pay was approved. On the basis of the said resolution the Executive Officer of the T.T.D. issued Proceedings Roc. No. D7/36892/ 81, dated 1-10-1981 appointing Srinivasulu Setty temporarily as Director, Annamacharya Project in the said scale. Srinivasulu Setty claims that though the order stated that he was appointed temporarily as Director, his appointment was on permanent basis. On 1 -7-1982 one M.Mohan was appointed as Research Assistant on a consolidated pay of Rs. 250/- which was subsequently increased to Rs. 600/ . However, by proceedings issued by the Executive Officer on 29-11-1982 Srinivasulu Sctty was sent back to the post of Lecturer in Telugu on certain allegations. Later, on 31-3-1983 he was placed under suspension. Srinivasulu Setty challenged the order of suspension in Writ Petition No. 2849 of 1983 in the Court. It was subsequently withdrawn on revocation of the suspension. The said M. Mohan was appointed as programme Co-ordinator in Annamacharya Project in the scale of pay of Rs. 700-1600 by Resolution No. 179, dated 23-7-1984. It is alleged by Srinivasulu Setty that the said M. Mohan got the said resolution -passed by approaching the then Chief Minister Sri N.T. Rama Rao and by bringing his influence on the management committee. However, Srinivasulu Setty was brought back as Officer in-charge of Annamacharya Project on 7-8-1984. The Government of Andhra Pradesh in G.O.Ms.No. 612, Revenue (Endowments. III) Department, dated 29-5-1986 accorded permission to create the post of Programme Coordinator and for appointing M. Mohan to the said post. In the said G.O. it was directed that Srinivasulu Setty should be repatriated to his parent department. For filling up the post of Director, draft rules were published by the Government It is alleged by Srinivasulu Setty that the draft rules were so framed as to suit the requirements of M. Mohan. On 30-7-1988 the method of recruitment and qualification for the post of Director in Annamacharya Project was approved by the management committee in Resolution No. 354. On 22-7-1989 the Board resolved to promote M. Mohan as Director of Annamacharya Project Mr. Mohan says that he holds a degree of M.A. (First Class) in Telugu. He submitted thesis on Annamacharya's works on the basis of which he was conferred Doctorate by the Madras University. He claims to have conducted 143 Ashtavadhanams and 9 Sathavadhanams all over India and abroad and obtained many merit certificates and medals, awards, titles, etc. However, that resolution was not implemented. Therefore. M. Mohan filed Writ Petition No. 1720 of 1990 praying for a writ of Mandamus directing the respondents to implement Resolution No. 304, dated 22-7-1989 of the Board of Trustees of T.T.D. and for a consequential direction to promote him as Director, Annamacharya Project. Thereafter, Srinivasulu Setty filed WP.No. 2463 of 1990 seeking an appropriate writ declaring that he would be deemed to be holding the post of Director Annamacharya Project, T.T.D. Devasthanams, Tirupati, from 1-10-1981 without any break whatsoever with all the attendant benefits of seniority, pay. increments, etc. and for a further declaration that respondents Nos. 1 and 2 therein cannot consider M. Mohan, the 3rd respondent therein, for appointment to the post of Director, Annamacharya Project, T.T. Devasthanams. These in short are the claims of Srinivasulu Setty and M. Mohan .

(3.) In view of the common questions raised in these cases, they are heard together and are being disposed of by a common judgment. Srinivasulu Setty will be referred to as the petitioner and M. Mohan will be referred to as the 3rd respondent, hereinafter.