P. BRAHMAIAH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:-

(2.) The facts of the case are that the 1st petitioner was initially appointed as Bhajantri in the existing vacancy on 30/11/1988, the 2nd petitioner was appointed on 31/8/1991 on a consolidated salary of Rs.500.00, the 3rd petitioner was appointed on 30/11/1998 on a consolidated salary of Rs.700.00 and the 4th petitioner was appointed on 30/11/1998 on a consolidated salary of Rs.800.00 per month. While so, in pursuance of the G.O.Ms.No.261, Revenue Department, dtd. 20/5/2002 and as well as the proceedings of the Commissioner, Endowments Department, dtd. 5/6/2002, the petitioners made a representation on 1/12/2002 to the 4th respondent requesting to extent the time scale to them, basing on which, the 4th respondent issued proceedings dtd. 18/12/2002 fixing the petitioners' time scale in R.P.S.1993 with effect from 1/4/2002 in the scale of Rs.2000.003920 with usual allowances such as D.A., H.R.A., I.R. and C.C.A applicable thereunder and were also extended with the benefit of R.P.S. 1999 and as well as R.P.S. 2005 by circular instructions vide Rc.No.E2/27527/2006, dtd. 20/9/2006 with effect from 12/2/2009, which was given effect from 1/3/2009.

(3.) While the matter being so, basing on a complaint made before the Lokayuktha by one Sri Challa Lakshmana alleging various irregularities in the 4th respondent temple, the Lokayuktha issued notice to the 2nd respondent on 16/3/2017 directing to submit a report, who in turn, directed the 3rd respondent to enquire into the irregularities and submit a report vide proceedings dtd. 1/5/2007. The 3rd respondent submitted a report on 2/6/2017 duly informing the Commissioner that an enquiry was held on 29/5/2017 in the temple premises. While recording a finding on allegation No.2, the 3rd respondent has found that the time scale that was extended to the Bhajantries without obtaining any prior permission from the Commissioner and concluded that Bhajantries shall be paid Rs.10,000.00 per month. In pursuance of the said report, the Commissioner, Endowments i.e. the 2nd respondent herein issued proceedings, dtd. 29/8/2017 revising the pay scales of the petitioners and directed the 4th respondent to pay Rs.10,000.00 to the petitioners on consolidated basis, who in turn issued proceedings dtd. 1/9/2017 informing the same to the petitioners, challenging which, the present writ petition is filed.