IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FOURTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 21851 of 1998 Between: B.Govardhana Rao, S/o Simhachalam, Sri Venkateswara Junior College, Kamavarapukota, West Godavari Dist. ..... PETITIONER AND 1 Executive Officer & Correspondent, Sri Venkateswara Swamy Devasthanam, Dwaraka Tirumala, (W.G.District). 2 Commissioner Endowments, Government of Andhra Pradesh, Tilak Road, Hyderabad-500 001. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue a writ or order or direction, especially one in the nature of Mandamus; (i) to declare the appointment made to the Petitioner No. 25-11-95 cannot be terminated without notice; (ii) to declare the action of the Commissioner of Endowments, Government of Andhra Pradesh, Hyderabad, in directing the Executive Officer and Correspondent, Sri Venkateswara Devasthanam, Dwaraka Tirumala, to terminate the petitioner's service is illegal, arbitrary and without jurisdiction; (iii) to declare the proceedings of the Executive Officer and Correspondent, Sri Venkateswara Devasthanam, Dwaraka Tirumala made in R.C.No.B2/43/93 dt.26-6-98 terminating the services of the petitioner without notice is illegal, arbitrary and without jurisdiction and offends Art.14, 16 and 21 of the Constitution of India and set aside the same; (iv) to declare the services of the petitioner as continuous without any break and direct the respondents to regularise the services of the petitioner as Attender; (v) to grant such other relief or reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner: MR.C.C.S.SASTRY Counsel for the Respondent No.: MR.METTACHENDRA SEKHAR RAO The Court made the following : ORDER : This Writ Petition is filed by the petitioner, B.Govardhana Rao, under Article 226 of Constitution of India, seeking to issue a writ of mandamus (i) to declare the appointment made to the petitioner on 25.11.1995 cannot be terminated without notice, (ii) to declare the action of Respondent No.2 in directing Respondent No.1 to terminate the service of the petitioner is illegal, arbitrary and without jurisdiction and (iii) to declare the proceedings of the Executive Officer and Correspondent, Sri Venkateswara Devasthanam, Dwaraka Tirumala made in R.C. No.B2/43/93, dated 26.06.1998 terminating the services of the petitioner without notice is illegal and arbitrary. 2. The brief facts are that the petitioner was appointed as an attender on a consolidated salary in Sri Venkateswara Junior College, Kamavarapu Kota on 25.11.1995. After putting his service of about 2 ½ years, the Commissioner of Endowments i.e., Respondent No.2 herein issued instructions to the Executive Officer i.e., Respondent No.1 herein to terminate the services of petitioner on the sole ground that the name of the petitioner was not sponsored by employment exchange. Pursuant to the said instructions given by respondent No.2, respondent No.1 passed an order on 26.06.1998 in R.C. No.B2/43/93 terminating the services of the petitioner and the same is challenged in this writ petition. While admitting the writ petition, this Court suspended the impugned proceedings on 04.08.1998. By virtue of the said interim orders dated 04.08.1998, the petitioner has been continuing in service. 3. Heard the learned counsel for the petitioner Mr.Sastry and the learned Standing Counsel for respondent No.2. 4. This Court is not going into the aspect as to whether the said employment or appointment of the petitioner is in accordance with law or not for the simple reason that he is in service right from the date of appointment. Admittedly, the petitioner was appointed as an attender on 25.11.1995 and the order dated 26.06.1998, terminating the services of the petitioner, was suspended by this Court on 04.08.1998 and by virtue of the said interim orders, the petitioner is allowed to continue as an attender in the said college. From the above, it is clear that the petitioner is in service as an attender for the last about 13 years. At this length of time, it may not be appropriate to disturb on the technicality that his name was not sponsored by the employment exchange. 5. Accordingly, this Writ Petition is allowed and respondent Nos.1 and 2 are hereby directed to continue the petitioner as an attender in Sri Venkateswara Junior College, Kamavarapu Kota, run by Sri Venkateswara Swamy Devasthanam, Dwaraka Tirumala, West Godavari District, if he is otherwise qualified. There shall be no order as to costs. _________________________ GOPALA KRISHNA TAMADA, J Dated June 4, 2009 KSH