Disposed

K.Venkata Vara Prasad, v. The Government of a.P., Rep by its Secreatry

Telangana HC16 Dec 2005WP/25997/2005

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition by the petitioner, a junior assistant in a temple, regarding his discontinuance after irregular appointments were quashed. The court directed the temple to submit a proposal for his continuance to the State Government within three weeks, which must be decided within four subsequent weeks.

What did the court decide?

Writ Petition disposed of directing the Temple to submit a proposal for petitioner's continuance to the Government, who must pass orders within specified time limits.

K.Venkata Vara Prasad, Vs The Government of a.P… — Service and Employment | Telangana HC (2005)

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THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY

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W.P.No.25997 of 2005

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Date:16.12.2005

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K.Venkata Vara Prasad.

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--------PETITIONER

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The Government of A.P., rep. By its Secretary, Department of Revenue (Endowments) Secretariat Buildings, Hyderabad and others.

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---------RESPONDENTS

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ORDER:

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The petitioner states that he has been engaged as a Junior Assistant in Srikalahastheeswara Swami Temple (for short ‘the Temple’) from December 2004 on wards, on a consolidated pay of Rs.2,500/- per month. He submits that having regard to the work load in the Temple, and the necessity to continue the Junior Assistant, the Executive Officer submitted proposals to the 2^nd respondent on 04.04.2005, and acting on the same, the then Commissioner passed orders on 12.04.2005, according permission to the Executive Officer, to continue the petitioner on payment of remuneration as per SSR rates. The petitioner states that the Temple started paying as per SSR rates, at the rate of 150/- per day, with effect from April 2005.

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The Government of Andhra Pradesh, 1^{s t} respondent herein, took note of the large scale irregularities committed by the then Commissioner and issued orders in G.O.Ms.No.1422, dated 25.07.2005, cancelling all the orders of appointment, promotion, permissions accorded for payment of salaries on S.S.R.rates etc. in exercise of the power under Section 93 of the Andhra Pradesh Charitable and Hindu Religious Institutions & Endowments Act, 1987. The petitioner filed W.P.No.19849 of 2005 assailing the order in G.O.Ms.No.1422, insofar as it related to him. The Writ Petition was disposed

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of, along with a batch of similar Wit Petitions. The Government was directed to issue notices to the affected parties and pass fresh orders. It was in this context that the Government issued orders in G.O.Rt.No.2148, dated 10.11.2005, setting aside the proceedings, dated 12.04.2005, passed by the then Commissioner. The petitioner feels aggrieved by the same.

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Heard the learned counsel for the petitioner, the learned Government Pleader for Endowments and the learned Standing Counsel for the 3^rd respondentTemple.

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The petitioner vehemently contends that even before the then Commissioner passed orders, dated 12.04.2005, according permission to the 3^rd respondent to pay remuneration as per S.S.R.rates, he was continuing on consolidated salary of Rs.2,500/- per month. He contends that even if the benefit is conferred upon him by virtue of the orders, dated 12.04.2005, he cannot be discontinued from service. The learned Standing Counsel for the 3^rd respondent-Temple has placed before this Court, the relevant record which discloses that the petitioner was being paid the consolidated salary of Rs.2,500/- per month, before the permission was accorded through proceedings, dated 12.04.2005, for payment of remuneration as per SSR rates.

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It may be true that the petitioner was working in one capacity or the other, much before the then Commissioner passed orders on 12.04.2005. However, the 1^st respondent has emphasized all through that the appointments in the religious institutions must be against the existing posts and duly following the regular procedure. Viewed from this context, it becomes necessary to verify as to whether there exists any vacant posts of Junior Assistants, and the continuance of the petitioner even on consolidated pay is in the interests of the Temple. For this purpose, the 3^rd respondent-Temple may have to submit its proposal to the 2^nd respondent for continuing the petitioner on the same terms, as they existed prior to the order, dated 12.04.2005, passed by the then Commissioner, whereunder the SSR rates were granted to him. The

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engagement or otherwise of the petitioner would depend upon the nature of orders that may be passed by the 2^nd respondent.

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Hence, the Writ Petition is disposed of directing that-

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a. in case the 3^rd respondent-Temple feels that the services of the petitioner are needed to it, it shall submit its proposal together with the necessary facts to the 2^nd respondent, within a period of three (3) weeks from the date of receipt of a copy of this order; and

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b. the 2^nd respondent shall pass appropriate orders on the proposal, so submitted, within a period of four (4) weeks thereafter.

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c. There shall be no order as to costs.

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16.12.2005

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Jsu

K.Venkata Vara Prasad, v. The Government of a.P., Rep by its Secreatry

Case brief

What is this about?

What did the court decide?

K.Venkata Vara Prasad, v. The Government of a.P., Rep by its Secreatry

Case brief

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What did the court decide?

What the court decided

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