Jampula Raghavendra Rao Vs The State of Andhra Pradesh

JAMPULA RAGHAVENDRA RAO, S/O. LATE SRI JAMPULA VENKATAIAH, AGE 21 YEARS, R/O. SRC 14 A, GATE NO.2, NEAR EO OFFICE, SRISAILAM-518101, KURNOOL 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, ENDOWMENTS DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH STATE.

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THE COMMISSIONER, ENDOWMENTS DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT,

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SRI BRAMARAMBA MALLIKARJUNA SWAMY VARLA DEVASTHANAM, REP. BY DEPUTY COLLECTOR AND EXECUTIVE OFFICER, SRISAILAM-518101, KURNOOL DISTRICT, ANDHRA PRADESH.

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...RESPONDENT(S):

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Petition under Article 226 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, Order or direction, more particularly a Writ in the nature of Mandamus declare the action of the second respondent in

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appointing the petitioner on compassionate grounds to a post to which he is not eligible as per his educational qualifications, as illegal, arbitrary, violative of Arts. 14 and 21 of the Constitution of India and grant the consequential relief by directing the second respondent to appoint the petitioner in the third respondent Devasthnam either as a Junior Assistant or Record Assistant by creating a supernumerary post (if necessary) or to any other post to which the petitioner is eligible and qualified and issue any other Writ, order or direction as this Honourable Court may be pleased to deem fit and proper.

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IA NO: 1 OF 2022

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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 may be pleased to direct the respondents 2 and 3 herein to engage the petitioner on temporary basis in any post as per his educational qualifications in the third respondent Devasthanam immediately to save his family from financial difficulties, pending disposal of this Writ Petition and pass such

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IA NO: 2 OF 2022

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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 respondents 2 & 3 herein not to appoint any other person as Record Assistant in laddu counter in the 3^rd respondent temple pending disposal of the this writ petition and pass

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Counsel for the Petitioner:

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1.DANTU SRINIVAS

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Counsel for the Respondent(S):

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1.T VENU GOPAL SC FOR ENDOWMENTS (RAYALASEEMA REGION)

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2.GP FOR SERVICES II

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The Court made the following:

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ORDER:

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Heard Sri Dantu Srinivas, learned counsel for the petitioner, Sri T. Venu Gopal, learned Standing Counsel for Endowments and the learned Assistant Government Pleader for Services-II appearing for the respondents.

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The petitioner’s father who was working as Bhajantri in the 3^rd respondent temple died on 28-09-2020 while in service, after working for 25 years, leaving behind the petitioner and his mother and his brother as his legal heirs. The Tahsildar issued a family member certificate. The petitioner’s mother submitted a representation to the respondents appoint the petitioner herein in any suitable post on compassionate grounds. The respondents have considered the representation of the petitioner’s mother and appointed the petitioner as “Taalam” on compassionate grounds. However stipulated that, the petitioner should acquire the required qualification to the post within three years from the date of appointment. The petitioner has been representing to the respondents to appoint him in any other suitable post in commensurate with his educational qualifications. The 2^nd respondent vide order dated 2503-2022 have rejected the request made by the petitioner.

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Challenging the same the present writ petition is filed. The petitioner’s grievance is, he does not possess special and essential qualifications required for the post of “Taalam”, which requires inherent interest in a person to qualify and acquire the required qualification to the post as specified within 3 years. He thus seeks for an alternate post to suit his educational qualification. A perusal of the record indicates that the petitioner has secured good grades @ 10.0 in Maths, Physics and in Chemistry @ 9.0 in his intermediate Board examination, unfortunately lost his parent. His father has rendered service to the temple for 25 years. Having regard to the same, the respondents should have considered the case of the petitioner to any

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other post, than compelling him to acquire the qualification in “Taalam” within a stipulated period which requires a skill based qualification, something relating to artistic and aesthetic practice and requires artistic competence.

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The Writ Petition is disposed of granting liberty to the petitioner to file fresh application before the respondent No.3 seeking appointment on compassionate grounds. Upon filing of such an application, the respondent No.3 shall consider and pass appropriate orders having regard to the educational qualifications of the petitioner, as expeditiously as possible within a period of three (03) months from the date of receipt of copy of this order.

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