THE HON'BLE SRI JUSTICE GHULAM MOHAMMED AND THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO W.A.No.1166 of 2010 ORDER: (Per Sri G.M,J) 1 Aggrieved by the order dated 06.12.2010 passed in W.P.No.71 of 2006, whereby the learned single Judge of this Court was pleased to allow the Writ Petition holding that the appointment of the appellant cannot be sustained, the appellant who is the third respondent in the said Writ Petition filed this appeal. 2 The facts, in brief, are that the Executive Officer of the fourth respondent herein addressed a letter to the Regional Joint Commissioner, Endowments Departments, Kakinada explaining the reasons as to his inability to appoint the appellant on compassionate grounds. Thereupon, the third respondent herein issued the proceedings dated 24.11.2005 according permission to the Executive Officer of the fourth respondent herein to appoint the appellant on compassionate grounds by creating a supernumerary post in the temple, pursuant to which, the appellant joined the service of the fourth respondent temple as Record Assistant. Challenging the same, the respondents 1 and 2 filed the above Writ Petition contending that as per the proviso to Sub-Section (1) of Section 35 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (for short ‘the Act’) the competent authority for appointing the office-holders and servants of a charitable and religious institution with annual income of more than Rs.10 lakhs would be the Executive Officer but not the Commissioner of Endowments Departments. It is the further ground of challenge of the respondents 1 and 2 that the appointment of the appellant herein is in violation of the Rules in so far as his eligibility is concerned. 3 The learned single Judge, while considering the submission made on behalf of the respondents 1 and 2 herein, who are the petitioners therein, that as per Rule 41 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Office Holders and Servants Services Rules, 2000 contained in G.O.Ms.No.888, Revenue (Endowments.I), dated 08.12.2000 framed under Section 35 (4) of the Act of 1987, the maximum age stipulated for appointment by direct recruitment is 28 years by the first day of July of the year in which the appointment is made, and also the judgment of a Full Bench of this Court in W.A.No.1789 of 2004 dated 19.03.2008 that the Executive Officer of the Temple alone is competent to appoint the appellant, allowed the said Writ Petition holding that since the income of the fourth respondent temple is shown to be more than Rs.10.00 lakhs and therefore the executive officer of the temple is the competent authority for appointing office-holders and servants and the Commissioner of Endowments has no role to appoint the appellant herein and also held that since the appellant was aged 32 years as on the date of his appointment, the appellant is ineligible. In view of the age limit prescribed for direct recruitment as per the Rules framed under the G.O.Ms.No.888 dated 08.12.2000, and also in view of the judgment of a Full Bench of this Court in W.A.No.1789 of 2004 and batch the Commissioner has no role to make appointments under direct recruitment and also in view of the facts and circumstances of the case, the findings recorded by the learned single Judge do not call for interference. 4 However, having regard to the fact that the appellant herein was appointed as Record Assistant pursuant to the proceedings dated 24.11.2005 issued by the Commissioner of Endowments, Andhra Pradesh and the consequential proceedings of the fourth respondent dated 10.12.2005, instead of setting aside the said proceedings, we deem it appropriate to modify the appointment of the appellant herein as an attender in the service of the fourth respondent - temple and he shall be treated as an attender only from 10.12.2005 on consolidated pay. 5 Accordingly, this Writ Appeal is disposed of modifying the order of the learned single Judge to the extent indicated above. No order as to costs. ---------------------------- GHULAM MOHAMMED, J Date:22.11.2011 ------------------------------------ NOOTY RAMAMOHANA RAO, J Kvsn