Yagnavajhala Balaji Kumar Sarma Vs The State of Andhra Pradesh

Yagnavajhala Balaji Kumar Sarma, S/o Srinivasa Sarma, Hindu, aged about 45 years, Occ. Archaka of Sri Malleswara Swamy Devasthanam, R/o Pedda Pavani Village, Linga Samudram Mandal Prakasam District, Andhra Pradesh.

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...Petitioner

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AND

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The State of Andhra Pradesh, Rep. by its Principal Secretary (Department of Endowments) A.P.Secretariat, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh.

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The Accountant General A and E, 12-52, Enikepadu, Vijayawada, Andhra Pradesh-521108.

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The Executive Officer, C/o The assistant commissioner office. (Endowments), Rangarayudu Cheruvu, Ongole-523001, Ph.^9866494252 4. The Assistant Commissioner, O/o the Assistant Commissioner Office, (Endowments), Rangarayudu Cheruvu, Ongole-523001

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The Deputy Commissioner, Endowment Department, Guntur.

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The Inspector, Endowment Department, Kandukuru.

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The Commissioner, Endowment Department, AP

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Pavani Lakshmi Narasimha Rao, Retired Teacher, C/o Utukuri Sudhakar, Provision Stores, Bus Stand Center, Pedda Pavani Village, Linga Samudram Mandal, Prakasam District-523115, Andhra Pradesh.

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Utukuri Sudhakar, Provision Stores, Bus Stand Center Pedda Pavani Prakasam District-523115, Andhra Village, Linga Samudram Mandal - Pradesh. 10. Pyda Veeranjaneyulu, Manikanta Hirers, 0pp. Venugopala Swamy Devasthanam, Pedda Pavani Village, Linga Samudram Mandal, Prakasam District-523115, Andhra Pradesh 11. Kotturu Ramanjaneyulu, Small shop (Chillara Angadi) Beside Saibaba Devasthanam, Pedda Pavani Village, Linga Samudram Mandal, Prakasam District-523115, Andhra Pradesh. 12. Ravuri Subba Rao, Occ. Archaka of Sri Venu Gopala Swamy Devasthanam, R/o Main Road, Pedda Pavani Village, Linga Samudram Mandal, Prakasam District, Andhra Pradesh. 13. Suraparaju Balaji, Occ.Archaka of Saibaba Devasthanam,^MainRoad Pedda Pavani Village, Linga Samudram Mandal, Prakasam^{District-523115} Andhra Pradesh.

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...Respondents

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Petition under Article 226 of the Constitution of India^{prayingthatinthe} circumstances stated in the affidavit filed therewith,^{theHighCourtmaybe} pleased to issue Writ, order or Direction more particularly^{oneinthenatureof} Writ of Mandamus declaring the inaction of the Respondents/Autho^ritiesinnot Paying the Salary @Rs.7,000/- p.m., since 2015 till^{nowincludingarrearsof} salary, if any, in spite of no. of requests made by^{thePetitionertothemas} arbitrary, illegal, contrary to the Articles 21 and^{300AoftheConstitutionof} India and contrary to the law as laid down by this^{Hon'bleCourtandagainst} the Principles of Natural Justice and to direct the^{Respondentsauthoritiesto} pay forthwith the Salary @Rs.7,000/- p.m., since 2015 till now including arrears of salary, if any, without fail and without^any delay and for a consequential relief of handing over of temple keys^{tothePetitionerfrom} Executive Officer (Respondent No.3) for the purpose^{ofhiscontinuanceas} Archaka in the Devasthanam and for a consequential relief of Injunction restraining unauthorized committee (Unofficial Respondents)^{attheinstance}

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< of the Executive Officer (Respondent No.3), from interfering with temple affairs, in the interest of Justice. lA NO: 1 OF 2022

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Petition under Section 151 CPC praying that in the^{circumstancesstated} in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents authorities to pay forthwith the Salary @Rs.7,000/p.m., since 2015 till now including arrears of salary, if any, without fail and without any delay, pending disposal of adjudication of Writ Petition, in the interest of Justice.

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Counsel for the Petitioner: SRI A RAVEENDRA BABU

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Counsel for the Respondents No.1, 4 to 7:GP FOR ENDOWMENTS Counsel for the Respondent No.2: GP FOR FINANCE

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Counsel for the Respondent No.3: SMT.DEVI SUBHASHINI ANNE , SC FOR ENDOWMENTS

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Counsel for the Respondents No.8 to 13: None appeared The Court made the following Order:

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APHC010137562022

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0=^

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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[3458]

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MONDAY, THE EIGHTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA

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WRIT PETITION NO: 8609 OF 2022

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Between:

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1 YAGNAVAJHALA BALAJI KUMAR SARMA, S/0 SRINIVASA SARMA HINDU, AGED ABOUT 45 YEARS, OCC. ARCH^AI^ MALLESWARA SWAMY DEVASTHANAM, R/0 PEDDA PAVANI VILLAGE, LINGA SAMUDRAM MANDAL, PRAKASAM DISTRICT, ANDHRA PRADESH.

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...PETITIONER

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AND

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THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL OF ENDOWMENTS)

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SECRETARY (DEPARTMENT A.P.SECRETARIAT VELAGAPUDI AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH.

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THE ACCOUNTANT GENERAL A AND E, 12-52, ENIKEPADU, VIJAYAWADA, ANDHRA PRADESH-521108.

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THE EXECUTIVE OFFICER, C/0 THE ASSISTANT COMMISSIONER OFFICE, (ENDOWMENTS),RANGARAYUDU CHERUVU, ONGOLE523001, PH. 98664 94252

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0/0 THE ASSISTANT

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4 THE ASSISTANT COMMISSIONER, COMMISSIONER OFFICE, (ENDOWMENTS), RANGARAYUDU CHERUVU, ONGOLE-523001

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THE DEPUTY COMMISSIONER, ENDOWMENT DEPARTMENT, GUNTUR.

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THE INSPECTOR, ENDOWMENT DEPARTMENT, KANDUKURU 7. THE COMMISSIONER, ENDOWMENT DEPARTMENT, AP

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W.P.No.8609 of2022

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PAVANI LAKSHMI NARASIMHA RAO, RETIRED TEACHER C/0 UTUKURI SUDHAKAR, PROVISION STORES, BUS STAND DDA VILLAGE, LINGA SAMUDRAM MANDAL PRAKASAM DISTRICT-523115, ANDHRA PRADESH.

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UTUKURI SUDHAKAR PROVISION STORES, BUS STAND

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DDA V"-I-AGE, LINGA SAMUDRAM MANDAL PRAKASAM DISTRICT-523115, ANDHRA PRADESH.

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PYDA VEERANJANEYULU, MANIKANTA HIRERS OPP. VENUGOPALA SWAMY DEVASTHANAM PEDDA PAVANI

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VILLAGE, LINGA SAMUDRAM MANDAL PRAKASAM DISTRICT-

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523115, ANDHRA PRADESH

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11.KOTTURU RAMANJANEYULU, SMALL SHOP (CHILLARA ANGADI) BESIDE SAIBABA DEVASTHANAM, PEDDA PAVANI VILLAGE LINGA SAMUDRAM MANDAL, PRAKASAM DISTRICT-523115 ANDHRA PRADESH.

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RAVURI SUBBA RAO, OCC. ARCHAKA OF SRI VENU GOPALA SWAMY DEVASTHANAM, R/0 MAIN ROAD, PEDDA PAVANI VILLAGE, LINGA SAMUDRAM MANDAL, PRAKASAM DISTRICT ANDHRA PRADESH.

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13.SURAPARAJU BALAJI, OCC.ARCHAKA OF SAIBABA DEVASTHANAM, MAIN ROAD, PEDDA PAVANI VILLAGE LINGA SAMUDRAM MANDAL, PRAKASAM DISTRICT-523115, ANDHRA PRADESH.

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...RESPONDENT(S):

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Counsel for the Petitioner:

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1.A RAVEENDRA BABU

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Counsel for the Respondent(S):

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1.GUNDAVARAPU PADMAVALLI

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2.G RAMANA RAO (SC FOR ENDOWMENTS RAYALASEEMAREGION)

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3.GP FOR ENDOWMENTS

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4.S MURALI MOHAN

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3

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KM,J W.P.No.8609 of 2022

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THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA

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WRIT PETITION NO: 8609 OF 2022

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The Court made the following order:

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Heard Sri A.Ravindra Babu, learned counsel for the petitioner and learned Assistant Government pleader for Endowments appearing for the respondent Nos.1, 4 to 7 and Smt. Devi Subhashini Anne, learned Standing Counsel for respondent No.3.

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The grievance of the petitioner is against the action of the respondents in not paying his salary of Rs.7,000/- per month since 2015. He seeks a direction to the respondents to pay the salary at the rate of Rs.7,000/- per month with effect from 2015 to till date. He has also sought a direction to allow the petitioner to render his services as Archaka in the temple.

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It is stated that the petitioner has been working as^anArchaka in the said temple since 1996. He was paid salary and Paditharam till 2015. However, the respondents have not paid any amount thereafter. Due^tothe COVID-19 pandemic, the temple was closed by the 3'"^ respondent-Executive Officer of the temple, who had kept the keys with him and the petitioner was not allowed to discharge his duties.

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It is contended that the respondents have been engaging^Archakas from the neighboring temples. Due to domestic and financial issues, the petitioner was forced to sell away his properties. Although he approached

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higher authorities in the department requesting them to allow him to perform his duties as Archaka, no relief was granted. The petitioner^{contendsthathe} had been performing archakatvam till 2015 and spent his personal funds towards the day to day expenses of the temple such as Nithya Dhoopa Deepa Nivedana. The respondents without considering the request of the petitioner have continued to engage outsiders, thereby depriving the petitioner of his livelihood. Hence, the petitioner has filed the present writ petition seeking payment of salary arrears and permission to resume^{hisdutiesasArchakain} the temple.

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The 3^^^ respondent filed a counter affidavit stating that the petitioner, due to personal reasons, left the village without informing the Executive Officer. Thereafter, the 3'^'^ respondent requested the 12“^ respondent to perform archakatvam in the subject temple on payment^{ofsameremuneration.}

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Although the temple is having an extent of Ac.23.53 cents of dry land only rain-fed crops are sown. Due to this, local farmers are not coming forward to participate in the auction for cultivating the lands of the temple. Consequently, the temple does not have sufficient income, and is currently facing a financial crunch. Therefore, the Executive Officer submitted a report to the Assistant Commissioner expressing their inability to pay the amounts claimed by the petitioner.

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th 7. However, the 7 respondent vide proceedings dated 21.04.2022 sanctioned an amount of Rs.1,54,500/- to the petitioner. It was directed that the said amount to be paid from the funds of Sri Poleramma^Temple, Kamepalli. But, the petitioner was not inclined to accept the said sum, although efforts were made by the office of the District^{EndowmentsOfficerto} handover the cheque.

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It is further contended that the petitioner has claimed a total of Rs.3,85,000/- as arrears of salary, calculated at the rate of Rs.7,000/- per month for the period from 01.12.2015 to 16.06.2020.

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Learned counsel appearing for the respondents submits that the temple is not in a financial position to pay the salary as demanded by the petitioner at Rs.7,000/- per month. According to the temple records,^{theamountduetothe} petitioner is Rs.1,48,000/-.

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Having regard to the submissions made, this Court deems^{itappropriate} to dispose of the writ petition with a direction to the 2'^^ respondent to pay the petitioner sum of Rs.1,54,500/-, which was offered earlier, pursuant to the proceedings dated 23.04.2022, towards the claim regarding^the payment^of salary, for the period from 01.12.2015 to 16.06.2020. As regards^theother relief sought by the petitioner for continuing his^{servicesasanarchakainthe} said temple, the petitioner is at liberty to approach^{theconcernedauthorities} for such relief in accordance with law.

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In terms of the above, the Writ Petition is disposed^{of.Thereshallbe} no

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order as to costs.

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As a sequel, all pending miscellaneous applications shall stand closed.

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