THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION Nos.23790 and 26116 2008 COMMON ORDER: The petitioners claim to have been engaged as N.M.Rs. by Sri Varasiddhi Vinayaka Swamy Devasthanam, Kanipakam (for short ‘the Devasthanam’) along with 21 others over the past several years. All of them are said to have submitted applications and representations to the authorities of the Devasthanam for regularisation of their services. It is stated that though all the 35 employees are on the same footing and all their cases were forwarded to the Executive Officer of the Devasthanam, the Commissioner of Endowments directed regularisation of only 20 employees, leaving the petitioners aside. These writ petitions are filed with a prayer to direct the respondents to regularise the services of the petitioners also. On behalf of the respondents, a counter-affidavit is filed. It is admitted that the services of about 20 persons were regularised and on the basis of the proceedings issued by the Commissioner of Endowments, the Executive Officer of the Devasthanam issued orders of appointment. It is, however, stated that the Government examined the matter and found that such appointments are contrary to the statutory rules framed in G.O.Ms.No.888, dated 08.12.2000, and through its order in G.O.Ms.No.1422, dated 25.07.2005, the Government has cancelled the appointments. The claim of the petitioners that they are employed as N.M.Rs. is denied. Heard the learned counsel for the petitioners, the learned Government Pleader for Endowments and the learned Standing Counsel for the Devasthanam. Though there is some dispute as to the exact date with effect from which the respective petitioners were engaged by the Devasthanam and as to the nature of engagement, the fact remains that the services of the petitioners were being utilised for the past several years. As a matter of fact, in some of the proceedings, the petitioners were described as N.M.Rs. and proceedings were also issued for enhancement of the remunerations that are being paid to N.M.Rs. from time to time. The petitioners have also placed before this Court, certain proceedings through which they have been assigned duties on different occasions. The basis for the petitioners to file these writ petitions was, the appointment of some of the N.M.Rs. on regular basis and denied such relief to them. The plea was one of discrimination. However, it is stated that the regular appointment of some of the N.M.Rs. working in Devasthanam was cancelled by the Government through its order in G.O.Ms.No.1422, dated 25.07.2005. With this, the very basis for the petitioners to seek similar treatment ceases to exist. The learned counsel for the petitioners submits that even after the Government has cancelled the orders of appointment issued to some of the N.M.Rs., the Devasthanam has paid regular salary to such employees and the similar treatment is being denied to the petitioners. If that be so, a clear case of discrimination comes into existence. It is, however, a matter for verification. Hence, the writ petitions are disposed of, directing that: (a) as and when the Devasthanam undertakes the process of regular appointment of employees, the case of the petitioners, along with other similarly situated persons shall also be considered; and (b) the petitioners shall be paid the same emoluments as in the case of any other N.M.Rs. that are working in the Devasthanam. There shall be no order as to costs. _____________________ L.NARASIMHA REDDY,J Dt:08.07.2010 kdl