KODALI VAMSI MOHAN Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This petition is filed under Article 226 of the Constitution of India for the following relief:-

(2.) The case of the petitioners is that initially the petitioners were appointed on voucher payment basis in the establishment of 3rd respondent temple ranging from 2013 to 2016 and they have successfully completed 8 years of service without any remark. At present outsourcing agency is paying Rs.15,000.00 to the drivers, Rs.12,000.00 to the conductors and cleaners. From out of the said amounts, the outsourcing agency deducts the amounts towards EPF, ESI etc. Thereafter the net amount payable is Rs.13,000.00 to the drivers and Rs.10,000.00 to the conductors and Cleaners. As they are unable to eak the livelihood with the meager amounts, they submitted a representation to the Executive Officer requesting to pay the said amounts directly from the temple account instead through 3rd respondent outsourcing agency. Basing on the representation, the then Executive Officer has forwarded a letter in Rc. No. A1/3432/2018 dtd. 21/1/2019 to the 2nd respondent. It is also stated that the agency is not paying the salaries to the petitioners on time and their salaries are paid once in two or three months, which is causing prejudice to the petitioners.

(3.) Counter affidavit is filed by the 2nd respondent denying all the allegations made in the petition and contended that the 2nd respondent has issued circular instructions in Rc. No. A1/1726091/2018, dtd. 24/9/2018 to all the temples that no new appointments shall be made by the temples, even on contract basis under any circumstances and no proposals shall be made for any appointments except in case of specialized/exceptional services. All other required services shall be availed only on outsourcing basis, by obtaining tenders/quotations as the case may be from the eligible agencies. Then the Executive Officer has submitted a report on the presentation of the petitioners to the Commissioner, Endowments Department in Rc. No. A1/3432/2018, dtd. 21/1/2019 for payment of remuneration directly from temple funds instead of paying the same through Outsourcing Agency. The 2nd respondent has issued Memo dtd. 1/10/2021 wherein Rc. No. A1/11026;40/11/2018, it was instructed to strictly adhere to the circular instructions already issued in Rc. No. A1/1726091/2018, dtd. 24/9/2018.