HONOURABLE SMT. JUSTICE T. MEENA KUMARI AND HONOURABLE SRI JUSTICE G.V. SEETHAPATHY WRIT APPEAL No.523 OF 2003 JUDGMENT: (Per the Honourable Smt. Justice T.Meena Kumari) This Writ Appeal is filed against the order dated 22-01-2003 in Writ Petition No.9639 of 1997 passed by the learned single Judge, wherein the writ petition was allowed. 2. Appellant – Tirumala Tirupathi Devasthanams, Tirupathi, (for short ‘TTD’) is the respondent and the respondents are the petitioners in the Writ Petition. 3 . The respondents filed the writ petition seeking to regularize their services in the post of ‘Human Hair Sorters/ Mazdoors’ in the TTD and also to provide all consequential benefits. 4. Appellant filed counter affidavit and additional counter affidavit in the writ petition, alleging that the 1st respondent is a contractor and he supplied the labourers to work on daily wage basis in the Kalyana Katta Complex Kalyanakatta godown, TTD, in pursuance of tender notifications published by the TTD and for that, the 1st respondent has also executed an agreement. It is further stated that in the year 1996 the contract was given to another contractor and thereafter, the 1st respondent is continuously supplying the labourers. It is also stated in the counter affidavit that as per the conditions of the tender the respondents cannot be treated as regular Class-IV employees of TTD and that all the respondents are not working continuously and that the 1st respondent changed the persons as per his choice and that the respondents are not entitled for regularization of their services as Class-IV employees. 5. The learned single Judge having heard both sides and having perused the material on record, did not agree with the contention of the TTD and allowed the writ petition observing that the TTD being the principal employer, has supervision and control over the work of the respondents and, as such, the respondents are entitled for regularization of their services in the respective posts. Aggrieved by the same, this appeal is filed by the appellant. 6. On 01-04-2003, a Division Bench of this Court has suspended the order impugned in the appeal. 7. Sri A. Bhaskara Chari, learned counsel for the respondents has filed additional material papers consisting the proceedings issued by the Deputy Executive Officer and the Executive Officer of TTD. In proceedings Roc.No.K7/130/KKC/TML/2003, dated 08-04-2005, issued by the Office of the Deputy Executive Engineer (KKC) TTD, Tirumala, it was stated that out of 19 respondents, 9 persons are now working in K.K.C. godown and that the amount of daily wage was enhanced to Rs.131.30 ps. per head and the Deputy Executive Engineer has to arrange for payment to 9 persons at Rs.131.30 ps. per head. 8. Subsequently, in proceedings Roc.K7/KKC/TML/2003, dated 25-08-2008, issued by the office of the Executive Engineer, TTD, it was stated that out of 19 respondents, the following 8 persons are working since 1992 and the remaining 11 persons were stopped working due to removal and absconding from duties. 1. P. Arumugam S/o. P. Venkatasu 2. G. Chandrasekhar S/o. G. subbaramaiah 3. K. Nadhamuni S/o. K. Nagaiah 4. P. Suresh Reddy S/o. Doraswamy Reddy 5. S. Muni Bhaaskar S/o. S. Muniramaiah 6. G. Ramanarayana S/o. G. Venkatachalam 7. N. Lakshmipathi S/o. N. Chandraiah 8. A. Sudhakar S/o. A. Narasimhulu. It was further ordered in the said proceedings to extend the minimum time scale of pay attached to Class-IV category in TTD i.e. Rs.3,850/- plus other allowances like DA, HRA and PCA etc., as per admissible allowances, under the Rules to the above mentioned 8 persons with effect from 01-05-2008. It is also made clear in the said proceedings that this case should not be treated as a precedent for other cases where persons taken through contract/tender system are claiming regularization. 9. In view of the said proceedings and also in view of the fact that only the above mentioned 8 respondents are working as Human Hair Sorters in Kalyanakatta Complex, TTD and treating it as a special case, we are of the opinion that the proceedings dated 25-08-2008 shall be confined to 8 respondents shown in the said proceedings. 10. Accordingly, the Writ Appeal is disposed of, confining the benefit of extension of minimum time scale of pay attached to Class-IV category in TTD, as mentioned in proceedings Roc.K7/KKC/TML/2003, dated 25-08-2008, issued by the office of the Executive Officer, TTD, Tirupati, to 8 (eight) respondents mentioned therein. There shall be no order as to costs. _________________ T. MEENA KUMARI, J September 29, 2010. __________________ G.V. SEETHAPATHY, J KTL