Disposed¶52

A K Daurga S Kumar v. the State of Ap

Andhra Pradesh HC22 Apr 2025WP/2602/2019

Case brief

AI extract

What is this about?

Regularization of NMR (nominal muster roll) employees; absorption in sanctioned posts of Junior Assistant and Sanitary Inspector; Sri Durga Malleswara Swamyvarla Devasthanam, Vijayawada; Endowments Department, Andhra Pradesh; writ of mandamus under Article 226; equal treatment with absorbed Record Assistants; State of Karnataka v. Uma Devi (2006) 4 SCC 1; services regularized during pendency; disposed of without costs; WP No. 2602 of 2019, decided 23.04.2025.

What did the court decide?

Writ petition disposed of without costs on recording the respondents' submission that the petitioners' services stand regularized; no adjudication on the merits of the absorption claim; interlocutory applications closed. ¶52

A K Daurga S Kumar Vs the State of Ap — Writ and Judicial Review | Andhra Pradesh HC (2025)

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IN THE HIGH COURT OF ANDHRA PRADESH::AMARAVATI

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(Special Original Jurisdiction)

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WEDNESDAY, THE TWENTY THIRD DAY OF APRIL

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TWO THOUSAND AND TWENTY FIVE

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PRESENT

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HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA

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WRIT PETITION NO: 2602 OF 2019

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Between:

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Sri A. Krishna Durga Siva Kumar, S/o Ramesh Chandra Babu, Aged about 44 years. Occ NMR Clerk in Adopted Temples Section in Sri Durga Malleswara Swamyvarla Devasthanam, Vijayawada.

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Sri V Praneeth Babu, S/o. V Rambabu, Aged about 42 years, Occ: NMR Clerk in Adopted Temples, Section in Sri Durga Malleswara Swamy Varla Devasthanarti, Vijayawada

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Sri Mannem Jaya Prakashj S/d. Nageshwar Rao, aged^about40 years, Occ: NMR Sanitary Inspector in Durgamalleswara Swamivarla Devasthanam, Indrakeeladri, Vijayawada, Krishna District

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...Petitioners

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AND

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The State of AP, Rep. by its Spl. Chief Secretary to Government Revenue (Endowment), Department, A.P. Velagapudi, Amaravathi. Guntur District

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The Commissioner of Endowment, Government of Andhra Pradesh Gollapudi, Vijayawada

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Sri Durgamalleswara Swamivarla Devasthanam, Indrakeeladri Vijayawada Rep. by its Executive Officer

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...Respondents

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Petition under Article 22G of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ or order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the 3'^^ respondent in not absorbing the petitioners in the vacancy of Junior Assistants (petitioner 1 and 2) and Sanitary Inspector (Petitioner No.3) in the existing vacancy sanctioned by the Commissioner as was done in the case of Record nd Assistants by the 3'^^ respondent temple and as well as ratified by the 2 respondent vide Rc.No.A1/COE-11026/124/2018-A SEC ENDOWMENTS, dt.24.01.2019 and by the Executive Officer, Srisailam Devasthanam vide proceedings in Rc.No.A1/15810/2014, dt.28.01.2019 as illegal, arbitrary, discriminatory and contrary to the Supreme Court judgments in State of Karnataka Vs’Uma Devi in para No.53, 2006(4) SCC 1 and consequentially direct the 3rd respondent to absorb the petitioners in the vacancy of Junior Assistants (petitioner 1 and 2) and Sanitary Inspector (Petitioner No.3) in the existing Vacancy sanctioned by the Commissioner as was done in the case of Record Assistants by the 3rd respondent temple and as well as ratified by the 2"'"' respondent vide Rc.No.A1/COE11026/124/2018-A SEC -ENDOWMENTS, dt.24.01.2019 and by the Executive Officer, Srisailam Devasthanam vide proceedings in Rc.No.A1/15810/2014, dt.28.Gl.2019’;

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lA NO: 1 OF 2019

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 2"^^ ^abd 3'^ Respondent to consider the

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representation dt.1.2.2019 of the Petitioners for absorption as Junior Assistants (petitioner 1 and 2) and Sanitary Inspector (3rd petitioner) as was done in the case of Record Assistants and as well as ratified by the - 2nd respondent vide Rc.No.A1/COE-11026/124/2018-A SEC ENDOWMENTS, dt.24.01.2019 pending disposal of the above writ petition.

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Counsel for the Petitioner: SRI D VENKATA NARASIMHAM

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Counsel for the Respondent Nos.1 & 2: GP FOR ENDOWMENTS (AP)

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Counsel for the Respondent No.3: SMT. LALITHA, SC FOR^DURGA

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MALLESWARA TEMPLE

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The Court made the following:

APHC010057092019

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3396] (Special Original Jurisdiction)

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WEDNESDAY, THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT

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THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA

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WRIT PETITION NO: 2602/2019

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Between:

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A K Daurga S Kumar ...PETITIONER

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AND

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The State Of Ap and Others ...RESPONDENT(S)

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Counsel for the Petitioner:

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1.D VENKATA NARASIMHAM

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Counsel for the Respondent(S): 1 .GP FOR ENDOWMENTS (AP)

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2.ELEVATED AS JUDGE

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The Court made the following Order:

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This Writ Petition is filed under Article 226 of Constitution of India

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with the following prayer for;

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“...to issue an appropriate Writ Order or direction more particularly in the nature of Writ of Mandamus declaring the action^ofthe3rd respondent in not absorbing the petitioners in the vacancy of Junior Assistants petitioner 1 and 2 and Sanitary Inspector^{PetitionerNo3} in the existing vacancy sanctioned by the Commissioner^aswas done in the case of Record Assistants by the 3rd respondent temple and as well as ratified by the 2nd respondent^videRcNo A1/C0E11026/124/2018A SEC ENDCWMENTS dt 24 01 2019 and by the Executive Cfficer Srisailam Devasthanam vide proceedings

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in Rc No A1/15810/2014 dt 28 01 2019 as illegal arbitrary discriminatory and contrary to the Supreme Court judgments in State of Karnataka Vs Lima Devi in para No 53 20064^SCC 1 and consequentially direct the 3rd respondent to absorb the petitioners in the vacancy of Junior Assistants petitioner 1 and 2 and Sanitary Inspector Petitioner No 3 in the existing vacancy sanctioned by the Commissioner as was done in the case of Record Assistants by the 3rd respondent temple and as well as ratified by the 2nd respondent vide Rc.No.A1/C0E11026/124/2018A SEC ENDOWMENTS dt.24.01.2019 and by the Executive Officer Srisailam Devasthanam vide proceedings in Rc No A1/15810/2014 dt 28.01.2019 and pass...”

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Heard learned counsel for the petitioner and Sri K.Koteswara Rao, learned Standing Counsel for Endowments appearing for respondent No.3.

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Sri K.Koteswara Rao, learned Standing Counsel for Endowments on written instructions dated 28.06.2022 would submit that the services of the petitioners has been regularized.

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