M.V.PRASAD Vs. ANIL KUMAR SINGHAL

JUDGEMENT

(1.) The petitioner filed this contempt case under the provisions of Ss. 10 and 12 of the Contempt of Courts Act, 1971 (for short 'the Act') and also under the provisions of Article 215 of the Constitution of India alleging the wilful and deliberate violation of orders passed by this Court on 31/8/2018 in W.P.No.16960 of 2001, whereby this Court directed the respondent-Devasthanam to consider the case of the petitioner for absorption as Computer Operator/Data Entry Operator and the said exercise shall be completed within a period of two months from the date of receipt of a copy of that order.

(2.) The case of the petitioner is that originally he was selected and enrolled as Home Guard in Chittoor District by the Superintendent of Police outside the sanctioned strength of the District for being deputed to Tirumala Tirupati Devasthanam (TTD), Tirupati by proceedings dtd. 19/3/1991 of the Superintendent of Police, Chittoor and kept at the disposal of TTD's Home Guards, a voluntary organization. He was deputed to the Chief Vigilance and Security Officer of the TTD on 27/4/1991 and he was paid Rs.74.75 Ps. per day on NMR basis from the contingency fund of TTD. But, his services were continuously utilized as Computer Operator in the Computer center of the respondent-Devasthanam as he passed B.Sc. (MPC) in Second division in the year 1987 and M.Sc. (Applied Mathematics) in Second division in the year 1990 and he also obtained P.G. Diploma in Computers in the year 1988, as per the request of the Chief Accounts Officer, TTD. As he was qualified to hold the post of Computer Operator and worked as such since 1991, he sought for absorption as Computer Operator, but his services were regularized as Office Subordinate-cum-Watchman along with 97 Security Guards as per the proceedings the Executive Officer, TTD, Tirupati dtd. 18/2/2016, who were appointed during the period 1990-1992 as Office Subordinate-cum-Watchman with effect from 14/12/1998 extending the monetary benefit with effect from 29/1/2008, as per Rule 5(i) of Tirumala Tirupati Devasthanams Employees Service Rules, 1989. But, the petitioner services were utilized as Computer Operator. Hence, he seeks absorption/regularization of his services as Computer Operator/Data Entry Operator.

(3.) The respondent-Devasthanam states that there is no existing sanctioned vacancy of Computer Operator/Data Entry Operator in the TTD establishment rolls and the post of Junior Computer Operator is only sanctioned to the Computer Science Department of TTD Educational Institutions in the Lab Mechanic Cadre with prescribed qualifications, for which the petitioner is not qualified. Since there is a Computer Department in the respondentDevasthanam and as per the request of the petitioner along with others only, their services were utilized as Computer Operators and now the Devasthanam is utilizing the computer services on outsourcing basis.