HON’BLE SRI JUSTICE A. GOPAL REDDY WRIT PETITION No.6897 OF 2000 DATE:02-12-2010 BETWEEN A.Sidda Reddy …Petitioner AND Tirumala Tirupathi Devasthanam, Rep. by its Executive Officer, Tirupathi & Another …Respondents THIS COURT MADE THE FOLLOWING: HON’BLE SRI JUSTICE A. GOPAL REDDY WRIT PETITION No.6897 OF 2000 ORDER: The petitioner was appointed as Yoga Instructor on a consolidated pay of Rs.400/- on 1.10.1980, which was increased to Rs.550/- subsequently. He along with other employees of the respondent organization filed Writ Petition No.14331 of 1987 claiming equal pay for equal work. The said Writ Petition was disposed of on 9.7.1990 with a direction to the respondents to pay the writ petitioners the scales of pay that were being paid to the regular employees with a further direction to regularize the services of some of the writ petitioners therein. It is not disputed that the petitioner worked from 1984 to 5.11.1988 in S.V.Arts College along with other lecturers. He was paid a pay scale of equivalent to that of a Record Assistant. According to the petitioner, he worked as Yoga Instructor in Tirumala Tirupathi Devasthanam (TTD) S.V.Veda Pathashala, Dharmagiri, Tirumala from 5.6.1992 to 20.12.1992. The duties discharged by him are equal to that of a Veda Pandit in the TTD Veda Pathashala or Elementary School, Tirupathi. Therefore, claiming that he is entitled to equal pay on par with Veda Pandits, petitioner filed the present writ petition. In the counter affidavit filed by the respondents, it is stated that in the year 1980 the students who were undergoing Diploma Course in the Indian Institute of Research in Yoga and allied Sciences, Tirupati were called on for an interview for appointment on consolidated pay for the post of Yoga Instruction, so as to utilize their services in TTD Schools for teaching Yoga and in the process, the petitioner is one among the five persons appointed as Yoga Instructor as per the proceedings in Roc.No.C1/11/CRI/80, dated 1.10.1980. Consequent on retirement of coordinator, Religious Education Centre, as the objects of Hindu Dharma Rakshana Samstha (present Dharma Prachara Parishad) and the Religious Education Centre were mostly found to be identical, the religious Education was merged with H.D.R.S. (present D.P.P.) along with the material staff as per the proceedings, dated 27.3.1984. At that time, the Yoga Instructors working on that date in R.E.C. were ordered to work in S.V.Institute of Yoga and allied sciences, Tirupati and the salaries were being paid through H.D.R.S. During the year 1987, all the staff of Dharma Prachara Parishad were extended time scale of pay applicable to their respective posts as approved by the TTD Trust Board in its Res.No.874, dated 25.12.1987 with effect from 01.12.1987 and also to the petitioner. Thus, in pursuant to the said resolution, dated 25.12.1987, the petitioner was extended time scale of pay with effect from 1.12.1987 along with other staff of Dharma Prachara Parishad applicable to their respective posts as per proceedings, dated 12.1.1988. The services of the petitioner were also regularized with probationary rights and that he was also declared as an approved probationer. The petitioner was initially appointed in Religious Education Centre and later on winding up of the said center, all the staff in the said center were merged with H.D.R.S. (present Dharma Prachara Parishad) as per proceedings, dated 27.3.1984. The petitioner has worked previously at S.V. Veda Patasala, Dharmagiri, Tirumala during 1993 but he was relieved from the said Veda Patasala, Dharmagiri on 6.11.1993 and transferred to S.V. Elementary School, Tirupati. It is stated that just because the petitioner worked along with Veda Pandits, he has no right to claim the scale of pay of Veda Pandits, since the duties of Veda Pandits in Dharmagiri, Veda Patasala cannot be compared with that of Yoga Instructor. It is contended that instead of relieving himself from S.V. Elementary School, the petitioner tried for retention in the same institution by addressing letters through Head Master, S.V. Elementary School, Tirupathi. Ultimately, the Devasthanams Educational Office, also issued orders to the petitioner to get relieved from S.V.Elementary School, Tirupati immediately, vide proceedings, dated 12.1.1999. Then the petitioner made a representation on 21.1.1999 for his transfer to Yoga Institute instead of S.V.Vedapatasala, Dharmagiri, Tirumala and continued without relieving. Therefore, vide proceedings, dated 30.6.1999, the petitioner was again called upon to get himself relieved immediately, but instead of relieving, he made another representation, dated 11.10.1999 to continue him in S.V.Elementary School itself. Ultimately, after examining the issue, the Joint Executive Officer, T.T.D. has passed orders to utilize the services of Yoga Instructor (since only one Yoga Instructor is in DPP) in both the institutes i.e. in S.V. Elementary School, Tirupati and S.V. Veda Patasala, Dharmagiri, Tirumala three days each in a week, and accordingly, orders were issued vide proceedings, dated 24.12.1999. Finally, the petitioner was relieved from S.V. Elementary School, Tirupati on 27.1.2000 so as to enable him to work at S.V. Veda Patasala, Tirumala for three days in a week. Once the petitioner relieved from S.V. Elementary School, Tirupati on 10.4.1998, he would have worked in Dharmagiri, Veda Patasala only, but he has not obeyed the orders and tried for retention at Tirupati only and finally, basing on his request, orders were passed to work at both the institutes at Tirupati and Tirumala 3 days each in a week. Admittedly, the petitioner has not shown/described the nature of duties of Veda Pandits and also Yoga Instructor. Upon the request made by the petitioner only, he was allowed to continue in the S.V. Elementary School for three days and was directed to work at S.V. Veda Patasala, Dharmagiri, Tirumala for three days each in a week. Therefore, the petitioner cannot claim equal pay on par with Veda Pandits of S.V. Veda Patasala. Accordingly, the Writ Petition is dismissed. No order as to costs. _________________ A. GOPAL REDDY, J. DECEMBER 02, 2010 Tsr.