IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FOURTH DAY OF SEPTEMBER TWO THOUSAND AND NINE PRESENT THE HON’BLE SRI JUSTICE B. PRAKASH RAO and THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL No : 505 of 2002 Between: M.Sasi Bhusan Rao and other. ..... PETITIONER(S) AND The Executive Officer, Tirumala Tirupati Devasthanams, Tirumala,Tirupati .....RESPONDENTS THE HON’BLE SRI JUSTICE B. PRAKASH RAO AND THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL No : 505 of 2002 JUDGMENT: (Per Hon’ble Sri Justice Sanjay Kumar) The unsuccessful petitioners in W.P.No.27141 of 1995 are in appeal, aggrieved by the order dated 15.10.2001 passed by the learned Single Judge dismissing their writ petition. In the writ petition, the appellants/writ petitioners sought a declaration that they were entitled to the pay scales of 1986, as revised from time to time, applicable to Violinists and other Artists working in the Tirumala Tirupati Devasthanams (for short ‘TTD’). The appellants were appointed as Violinists in Hindu Dharma Prachara Samithi on consolidated pay. The Hindu Dharma Prachara Samithi was re-designated as Dharma Prachara Parishad (for short ‘DPP’). The DPP, by its resolution dated 23.7.1992, sought to evolve a staffing pattern and Service Rules. As per the said resolution, the appellants were brought into a time scale of pay with effect from 01.12.1987. It is the case of the appellants that the DPP was directly under the control of the TTD and therefore, there should be parity of pay scales between Violinists working in the DPP and the Violinists working in the TTD. Their grievance is that the Revised Pay Scales of 1986, made applicable to TTD Violinists, were not extended to them w.e.f 1.12.1987, when they were put on a time scale. It is their case that they were discharging similar duties, but they were not paid the pay scales on par with the TTD Artists. The stand of the TTD was that the DPP, though funded by the TTD, was governed by a separate set of Rules which came into force in 1992 and the TTD Service Rules had no application to the employees of the DPP. On this ground, the TTD denied the entitlement of the appellants to the pay scales applicable to the TTD Violinists. The learned Single Judge dismissed the writ petition holding that the appellants/writ petitioners had no entitlement as such to claim the time scales of pay on par with the TTD artists. The learned Single Judge further observed that the Government by its Memo dated 8.11.1993 ordered that all Government Orders and allied orders, including the revised pay scales of 1993, would be applicable to the staff of the DPP on par with the TTD staff and therefore, the petitioners could not claim entitlement from an anterior date. It is brought to our notice the Government of Andhra Pradesh Vide G.O.Ms.No.316, Revenue (Endowments-III) Department, dated 14.32005 ordered that all the benefits and privileges applicable to and enjoyed by TTD Employees shall be made applicable to the employees of the DPP. Thus, the only grievance that survives for consideration in this appeal is as to the entitlement of the appellants to claim parity of pay scales on par with the TTD Violinists from 1.12.1987, when they were initially brought within the time scale. It is contended on behalf of the appellants that the TTD was not consistent in extending the time scales of pay applicable to the TTD employees to the employees of the DPP. Reliance is placed upon Resolution No.296 dated 23.6.1997 of the TTD Board, whereby the TTD approved the extension of TTD pay scales applicable to the post of Sruthiman to Sruthimans working in the DPP, with effect from 1.7.1997 i.e. long prior to the issuance of G.O.Ms.No.316 dated 14.3.2005. In the light of the aforestated facts and circumstances, the Writ Appeal is disposed of leaving it open to the appellants to make a representation to the TTD bringing to its notice the disparate treatment of the employees of the DPP, the extension of TTD pay scales to Sruthimans in the DPP with effect from 1.7.1997, and such other material as is available with them to support their claim for entitlement to TTD pay scales with retrospective effect. In the event of the appellants making such a representation, the TTD shall consider the same on merits and pass reasoned orders, within a period of three months from the date of receipt of such representation. No costs. __________________________ JUSTICE B. PRAKASH RAO ________________________ JUSTICE SANJAY KUMAR Date:24.09.2009 mrb