HIGH COURT OF JUDICATURE OF ANDHRA PRADESH THE HONOURABLE SMT. JUSTICE T.MEENA KUMARI WRIT PETITION No. 5080 OF 2000 Friday, the Twenty Third day of July, Two Thousand and Ten Between Sundara Varadacharyulu and others Petitioners AND The Executive Officer, Tirumala Tirupathi Devasthanam, Tirupathi, Chittoor Respondent ORAL ORDER: The order dated 17.3.1999 issued by the respondent directing the Assistant Executive Officer (Board Cell) of the Respondent Temple to cancel the Service Registers opened in respect of the petitioners herein, is challenged by the petitioners herein. It is the case of the petitioners that by Resolution No. 732 dated 26.11.1988, Sri Venu Gopalaswamy Vari Temple, Karvetinagaam village, Nagiri Mandal, Chittoor District, along with the staff was taken over by the respondent on 10.4.1989, which was also ratified by the Government in GO Ms. No. 806 Rev. (Endt.III) Department dated 11.8.1989 and, as such, they became the employees of the respondent. The first petitioner is working as Archaka on a monthly salary of Rs.300/- and the second and third petitioners are working as Watchman and Sweeper respectively on a monthly salary of Rs.150/- . It is further stated that they were being paid regular scales from 1.11.1990 along with other benefits in terms of Revised Pay Scales, 1986 which was further revised under Revised Pay Scales, 1993 along with other benefits as are applicable in case of other regular employees. While this being so, the respondent issued the impugned proceedings to cancel their Service Registers inasmuch as they are not regular employees and stopped their salary being drawn under Revised Pay Scales, 1993, without issuing any notice to them, which, according to them amounts to cancellation of their absorption in the respondent temple in the year 1989. Hence, the present writ petition. It is the case of the respondent that the benefits under the proceedings No. B5-39867/96 dated 3.11.1990 stating that all the persons appointed after 31.3.1984 and working till the date as NMRs., consolidated pay, casual labour basis on daily wage basis, etc., permitting them to draw the salary in the scales of pay attached to the posts, benefits like grant of leave, weekly off, supply of woolen rugs, shawls, uniforms bus coupons, etc. does not confer the right of regularization of service, inasmuch as there were no sanctioned posts in respect of the petitioners. It is also stated that the said proceedings did not confer the power to open the Service Registers of the petitioners and for the mistake committed by the concerned Officer in opening the Service Register, they cannot be regularized. Hence, the impugned proceedings in the facts and circumstances of the case is legal and sustainable. The factum of Sri Venugopalaswamy Temple, Karvatinagaam, along with its staff, having been taken over by the respondent, by proceeding dated 17.5.1989 issued by the respondent and ratified by the Government in GO Ms. No. 806 dated 11.8.1989 is not in dispute. By proceedings dated 3.11.1990, the respondent directed all the Heads of the Departments/Sections to implement the accrual of benefits such as drawal of the salary in the scales of pay attached to the posts, benefits like grant of leave, weekly off, supply of woolen rugs, shawls, standard rents for the quarters allotted on par with the employees appointed prior to 31.3.1984. By proceedings dated 16.11.1991 issued by the respondent, the Assistant Executive Officer, Sri Padmavathi Ammavari Temple, Tiruchanoor was directed to give necessary instructions to the Temple Inspector of Karvetinagaram and other temples to open Service Registers of all the Staff working in the temples and to report compliance. In pursuance of the Resolution No.353 dated 22/23.7.1997, the respondent by order dated 8.12.1997, has accorded sanction for payment of salary to the first petitioner in the pay scale of Rs.2075-4270 and the petitioners 2 and 3 were placed in the scale of Rs.1375-2375 with effect from 1.4.1993 and directed to pay the difference in pay an allowances. As can be seen from the facts and circumstances, in pursuance of the resolution passed by the respondent, when the petitioners were taken over by the respondent on 10.4.1989, which was also ratified by the Government in terms of GO Ms. No. 806 Rev. (Endt.III) Department dated 11.8.1989 and their pay was also regularized from time to time, as applicable in terms of Revised Pay Scales of 1986 and 1993 and on the instructions of the respondent itself, their Service Registers were opened, the impugned proceedings directing the Assistant Executive Officer (Board Cell) to cancel their Service Register and that too without putting the petitioners on notice is in violation of principles of natural justice and consequently held to be illegal and liable to be set aside and accordingly set aside. Consequently, the writ petition is allowed. No order as to costs. The learned Standing Counsel for the Respondent Temple submits that the decision rendered in this writ petition may not be taken as a precedent. In the light of the facts and circumstances of the case, it is made clear that the decision rendered in this writ petition shall not be treated as a precedent. ________________________ Justice T. Meena Kumari July 23, 2010 MAS