VALLURI SURESH Vs. STATE OF TELANGANA

JUDGEMENT

(1.) Both the Writ Petitions are filed by the same petitioner and in W.P.No.26577 of 2021, the petitioner is seeking a Writ of Mandamus declaring the action of the respondents in not considering the case of the petitioner in extending the pay scale in terms of G.O.Rt.No.577, Revenue (Endts-I) Department, dt.15/9/2017 and G.O.Rt.No.121, Revenue (Endts-I) Department dt.9/3/2018 as illegal, arbitrary and violative of Articles 14, 16 and 21 of the Constitution of India, while W.P.No.34781 of 2021 was filed seeking a Writ of Mandamus declaring the action of respondent No.2 in directing respondent No.3 to appoint another person through contracting agency in the place of the petitioner and striking of the petitioner's name in the attendance register as illegal, arbitrary and violative of Articles 14 and 16 of the Constitution of India.

(2.) Since the facts and circumstances requiring consideration for adjudication of both the Writ Petitions are one and the same, both the Writ Petitions were clubbed and heard together and are being disposed of by this common and consolidated order.

(3.) Brief facts leading to the filing of the present Writ Petitions are that the petitioner was appointed as a Booking Clerk/Ticket Seller on 1/9/2013 at Sri Parvathi Jadala Rama Lingeshwara Swamy Temple, Cheruvugattu, Narketpally Mandal, Nalgonda District on daily wage basis with a consolidated payment of Rs.6,000.00 per month. Thereafter, in the year 2017, the Government of Telangana issued G.O.Rt.No.577, Revenue (Endts.I) Department, dt.15/9/2017 recommending extension of pay scales comparable to PRC 2015 to all the qualified full time employees working on contract/NMR/consolidated pay basis as a onetime measure. Subsequently, the Government issued G.O.Rt.No.121, Revenue (Endowments-I) Department, dt.9/3/2018 according permission to the Commissioner, Endowments Department and further, vide G.O.Rt.No.401, Revenue (Endowments-I) Department, dt.5/9/2018, the Government issued directions to the Commissioner of Endowments to take necessary action for release of grant-in-aid for those temples where there is deficit income to meet the financial commitment and pay salaries and other emoluments to Archakas and office holders by extending pay scales to all full time employees working on contract/NMR/consolidated pay basis. Thus, the petitioner claims to be eligible for pay fixation in accordance with the above said G.Os. and he made representations to the respondents to consider his case and extend the pay scale attached to the post as per the said G.Os. When no action was taken on his representations, the petitioner approached this Court in W.P.No.5777 of 2019 and basing on the oral assurance given by the respondents that the respondents are ready to pay salaries to the petitioner, it is submitted that the petitioner had withdrawn W.P.No.5777 of 2019 on 15/7/2021. It is submitted that under similar circumstances, some of the other employees of the same temple approached this Court in W.P.No.40195 of 2018 and W.P.No.22038 of 2021 seeking extension of minimum time scale of pay attached to the posts held by them and vide order dt.8/11/2018 in I.A.No.1 of 2018 in W.P.No.40195 of 2018 and I.A.No.1 of 2021 in W.P.No.22038 of 2021, this Court had directed the respondents to pay the minimum time scale of pay to the regularly engaged employees in the Endowments Department discharging similar duties as per the judgment of the Hon'ble Supreme Court in the case of State of Punjab and others Vs. Jagjit Singh and others AIR 1994 SC 1598. When the interim orders of this Court were not implemented, the petitioners therein filed C.C.No.3196 of 2018 and thereafter, the orders were implemented by the respondents vide proceedings C No.82/SPJARSD/2021 dt.6/6/2021. Since the petitioner also claims to be in similar situation, the petitioner filed W.P.No.26577 of 2021 seeking similar relief.