IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT PETITION NO : 18257 of 2000 Between: 1 G.Damodhar Reddy, S/o Muni Reddy, T.T.D.'s R/o Tirupathi, Chittoor District. 2 K.Venkatamma, W/o Late Srinivasulu, T.T.D.'s R/o Tirupathi, Chittoor District. 3 M.Venkateswarlu, S/o Late Anand, T.T.D.'s R/o Tirupathi, Chittoor District. 4 V.Malleswari, D/o Chengalrayulu, T.T.D.'s R/o Tirupathi, Chittoor District. 5 K.Sudhakar, S/o Nagaiah, T.T.D.'s R/o Tirupathi, Chittoor District. 6 P.Kondandaiah, S/o Venkatappa, T.T.D.'s R/o Tirupathi, Chittoor District. 7 V.Munemma, W/o Putta Reddy, T.T.D.'s R/o Tirupathi, Chittoor District. ..... PETITIONERS AND 1 Tirumala Tirupathi Devasthanams, Rep. by its Executive Officer, Tirupathi, Chittoor Distirct. 2 The Principal & Chief Warden, S.V.Ayurvedic College Hostel, Tirumala Tirupathi Devasthanams, Tirupathi, Chittoor Distirct. 3 The Government of Andhra Pradesh, Rep. by its Principal Secretary, Revenue (Endowments-III) Department, Secretariat, Hyderabad. .....RESPONDENTS 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 issue a Writ, order or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the 1st Respondent in not regularising the services of the Petitioners at par with similarly situated employees as arbitrary, discriminatory and illegal, and consequently direct the 1st Respondent to regularise the services of the Petitioner's as had been done in respect of similarly situated employees Vide Memo Roc.No.D4/45550/DEO/94 dt. 27.5.200 with all other consequential benefits, monetary and otherwise and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.V.JAGAPATHI Counsel for the Respondent : MR.V.JAGAPATHI FOR R MR.G.JAGADEESWAR(SC FOR T.T.D) FOR R*VAK-1 The Court made the following : ORDER: This writ petition has been filed seeking to issue a Writ of Mandamus declaring the action of the 1st respondent in not regularizing the services of the petitioners on par with the similarly situated employees as arbitrary, discriminatory and illegal and consequently direct the 1st respondent to regularize the services of the petitioners as had been done in respect of similarly situated employees vide Memo Roc.No.D4/45550/DEO/94 dated 27-05-2000 with all other consequential benefits. Heard the learned counsel on either side and perused the material on record. Learned counsel for the petitioners submitted that the petitioner No.3 is not in service. Therefore, the petition against the petitioner No.3 may be dismissed. In view of the above submission the petition against the petitioner No.3 is dismissed. Learned counsel for the petitioners submitted that the petitioners are employed in the 1st respondent’s Devasthanam. The main grievance of the petitioners is that though the 1st respondent recommended their names vide Roc. No.D4/14692/DEO/TTD/TPT/07 dated 18-03-2008 for absorption and regularization on par with similarly situated employees to the 3rd respondent, Government, the 3rd respondent did not pass any orders so far. He also submitted that similarly situated employees were regularized in their services. Therefore, he seeks a direction to the Government to pass appropriate orders. Learned counsel appearing for the respondents does not dispute the factual position. From a perusal of the record this Court on 27-09-2000 while issuing Rule nisi directed in WPMP No.23225 of 2000 not to give any artificial breaks in the service of the petitioners. It is also perused that the G.O. Ms. No.2500 dated 20-11-2007 issued by the Revenue (Endowments.III) Department according permission to Executive Officer, Tirumala Tirupathi Devasthanam to regularize 69 hostel workers. Wherein, it is observed that Act 2 of 1994 has been amended in 1998 and Section 2 was amended to exclude bodies like Tirumala Tirupathi Devasthanams, which do not receive any funds or grants towards salaries of its employees from the State Government. In the light of the said Government order, W.P. No.17767 of 2000 was filed and wherein this Court directed the respondent-Devasthanam therein to take immediate steps for implanting the G.O. Ms. No.2500, dated 20-11-2007. Having regard to the facts and circumstances of the case and the submissions made by the learned counsel on either side, without going into the merits of the case, I deem it appropriate to dispose of the writ petition itself, since the 1st respondent had already sent the names of the petitioners for their absorption and regularization in the services and the matter is pending at the Government level. Accordingly, this Writ Petition is disposed of directing the 3rd respondent, Government, to consider the proposals being sent by the 1st respondent-Devasthanam vide Roc. No.D4/14692/ DEO/TTD/TPT/07, dated 18-03-2008 and pass appropriate orders, in accordance with law, within a period of three weeks from the date of receipt of a copy of this order. There shall be no order as to costs. _________________________ JUSTICE G. CHANDRAIAH Date: 24-06-2008 Note: Issue C.C. in one week. B/o. LSK