B. SRINIVASULU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

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

(2.) In the affidavit it was contended, inter alia, that petitioner was appointed as contract employee in the year 2003. Petitioner successfully completed 17 years of service in the Temple. Petitioner passed B.A. and he has been discharging the duties of Junior Assistant. Earlier petitioner filed W.P.No.3787 of 2018 seeking considering his case for regularization. This Court passed interim order, dtd. 7/2/2018 in I.A.No.1 of 2018 directing the respondents to pay minimum time scale to the petitioner. Pursuant to the said interim order, Executive Officer of respondent No.3 temple issued proceedings extending the minimum time scale of Rs.13,000.00 in the last grade service on 7/9/2018. Thereafter, petitioner submitted representation dtd. 5/12/2019 seeking extension of regular time scale of pay in the cadre of Junior Assistant as granted to other similarly situated persons. Petitioners' representation was forwarded to respondent No.3 on 19/1/2020 and respondent No.3 rejected petitioner's case stating that there is ban on regularization vide G.O.Rt.No.1997 dtd. 18/10/2005 and extension of scale is contrary to Rule 46 of G.O.Ms.No.888 dtd. 8/12/2000. Separate proceedings will be issued to revise three cases relied by the petitioner vide proceedings in R.C.No.C1/1105064/2018, dtd. 6/3/2020. Challenging the same, the present writ petition is filed.

(3.) Respondent No.2 filed counter and contended inter alia that respondent No.3-Temple is published under Sec. 6(a)(ii) of the Act 30 of 1987 and the same is under administrative control of the endowments Department. Executive Officer was appointed under Sec. 29 of the Act and has been administering and managing the day to day affairs of the said Temple. The employees of respondent-Temple are not government employees and they are Temple employees. They are being paid from and out funds of respondent no.3-Temple subject to limitations under Sec. 57 of the Act 30 of 1987. Petitioner's wage has been enhanced from time to time. While matter stood thus, petitioner filed W.P.No.3787 of 2018 with a prayer to extend minimum time scale to him attached to the corresponding post (Junior Assistant) or equivalent post and to declare that petitioner is entitled to be regularized in service as Junior Assistant or equivalent post in the existing vacancies or future vacancies with all consequential benefits including the monitory benefits on par with others who were regularized. Interim order was passed on 7/2/2018 in I.A.No.1 of 2018 which reads follows: