IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH & THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT APPEAL No.2340 of 2005 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 19/09/2005 in WP NO : 19842 OF 2005 on the file of the High Court.) Between: Sri Kodanda Ramalayam, attached to Sri Bugga Mutt, Tirupathi, Chittoor District, represented by its Executive officer/Assistant Commissioner. ..... APPELLANT AND 1 Sankar Dass, s/o S.Bhagvandas, Sri Kodandaramalayam attached to Buggamutt, Tirupathi, Chittoor District. 2 The Commissioner, Endowments Department, Government of A.P., Boggulakunta, Hyderabad. 3 The Government of Andhra Pradesh, represented by its Secretary, Department of Revenue (Endowments) Secretariat Buildings, Hyderabad. .....RESPONDENTS Counsel for the Appellant: MR.V.T.M.PRASAD Counsel for the Respondent No.: MR.K.V.N.BHUPAL The Court made the following: Form-NIC-OGS/WA {RS} THE HON'BLE MR JUSTICE V.ESWARAIAH & THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT APPEAL No.2340 of 2005 JUDGMENT: (per Hon’ble Sri Justice Sanjay Kumar) This appeal is filed by Sri Kodanda Ramalayam, attached to Sri Bugga Mutt, Tirupati, the 3rd respondent in W.P.19842/2005 aggrieved by the order dated 19.09.2005 allowing the writ petition. The facts of the case are that the writ petitioner was engaged as an Archaka on NMR basis with effect from 01.10.1986 and thereafter he was continued on consolidated pay of Rs.250/- per month with effect from 01.08.1988 which was subsequently enhanced to Rs.900/- per month in the year 1997. It appears that under the proceedings in D.Dis.No.F3/22386/05, dated 24.05.2005, the office of the Commissioner Endowments Department, Hyderabad extended to the petitioner, the time scale of Rs.3290-6550 attached to the post of Archaka and to regularization of his services, if he was otherwise entitled as per the Rules and if there was a sanctioned post in the cadre strength in terms of G.O.ms.No.261 dated 20.05.2002. This order was passed based on the report submitted in Rc.No.10/2005 dated 10.05.2005 of the Assistant Commissioner and Executive Officer, Sri Bugga Mutt, Tirupathi. While so, the Government issued G.O.Ms.No.1422, Revenue (Endowments) Department, dated 25.07.2005 cancelling various orders passed by the former Commissioner of Endowments stating that large scale irregularities were committed in passing of such orders. The Annexure attached to the said G.O. contained the name of the petitioner also at Sl.No.103 and the import of the G.O. is that the proceedings of the Commissioner of Endowments in D.Dis.No.F3/22386/05 dated 24.05.2005, whereby permission was accorded to regularize the petitioner’s service if qualified and if a sanctioned post was there in the cadre strength, was set aside. Pursuant to the same, proceedings were issued by the office of the Commissioner, Endowments Department in Rc.No.V2/25318/2005, dated 01.08.2005 requesting the Executive Officer of Sri Bugga Mutt, Tirupathi, to implement the orders of the Government. Consequentially, the Assistant Commissioner and the Executive Officer, Sri Bugga Mutta, Tirupathi issued proceedings in Rc.No.19/2005 dated 20.08.2005 cancelling the extension of the pay scale to the petitioner vide proceedings dated 24.05.2005, and he was informed that he would be paid a consolidated pay of Rs.2,500/- per month as was paid previously. Aggrieved by the said action, the petitioner filed W.P.19842/2005, which came to be allowed by order dated 19.09.2005, impugned in the present writ appeal. We have heard Sri V.T.M.Prasad, learned counsel appearing for the appellant and Sri K.V.N.Bhupal appearing for the 1st respondent/writ petitioner. It is relevant to note that prior to the passing of the order in the writ petition, a batch of writ petitions were disposed of by the same learned single Judge under order dated 09.09.2005. The said batch of cases were filed challenging the action in cancelling the various orders issued by the earlier Commissioner of Endowments, under G.O.Ms.No.1422 dated 25.07.2005. The learned Judge disposed of the writ petitions directing the Government to issue notices to all those who were affected by the orders in G.O.Ms.No.1422 dated 25.07.2005 and to pass appropriate orders after receiving and considering the representations/explanations of the affected persons by a stipulated date, viz., 31.10.2005. In the present case also there is no denial of the fact that the petitioner was not given any notice prior to the cancellation of the order dated 24.05.2005, whereby he was given the benefit of the scale of pay attached to the post of Archaka. We are, therefore, of the opinion that the petitioner is entitled to an opportunity of being heard before the benefit under the said order is withdrawn. It is relevant to note that the petitioner has been in service as an Archaka since the year 1986, initially on NMR basis and thereafter on consolidated pay. It is also relevant to note that the learned Judge recorded the fact that the Government itself had issued orders from time to time providing for extension of scale of pay to the employees working in the religious institutions on consolidated salaries for certain length of time. The cancellation of the benefit of the scale of pay extended to the petitioner was on the basis of a generalized allegation against the Commissioner of Endowments of that time. There was no verification of facts and circumstances in so far as the petitioner in particular was concerned. It is also to be noticed that the appellant institution did not dispute the entitlement of the petitioner to the scale of pay before the learned Judge or even before us. In such circumstances, it is not open to the appellant institution to categorize the appointment of the petitioner as irregular on the one hand and seek to continue him in service on a consolidated pay of Rs.2,500/- per month, as is reflected in the cancellation proceedings dated 20.08.2005. This clearly demonstrates exploitation by the Mutt. If the petitioner is otherwise entitled to the scale of pay and there is no violation of settled norms or Government orders in this regard, we see no reason to deny him the benefit of the scale of pay extended to him by the orders dated 24.05.2005. Till the petitioner is heard in the matter and appropriate orders are passed, the proceedings dated 24.05.2005 are deemed to be in force and the petitioner would accordingly be entitled to the benefit of the scale of pay extended to him by way of the said order. The Writ Appeal is accordingly disposed of, permitting the appellant institution to issue a show cause notice to the petitioner, if it chooses to take any action for canceling the proceedings dated 24.05.2005, call for his explanation and thereafter pass appropriate orders in the matter. Meanwhile, the petitioner shall be entitled to the benefit of the scale of pay extended to him under the proceedings dated 24.05.2005. No order as to costs. _____________________ V.ESWARAIAH,J ____________________________ SANJAY KUMAR,J Dated: 22.04.2009 Dsr Note: Furnish copy in one week B/o Dsr .... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Commissioner, Endowments Department, Government of A.P., Boggulakunta, Hyderabad. 2 The Government of Andhra Pradesh, represented by its Secretary, Department of Revenue (Endowments) Secretariat Buildings, Hyderabad. 3 2. 2CCs to 4. 2CD copies