THE HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.4442 of 2010 ORDER: This writ petition is filed seeking a mandamus to declare the action of the second respondent in issuing Memo bearing Rc.No.A2/32195/2008, dated 25.11.2009 directing the Executive Officer of the first respondent Devasthanam to discontinue the services of the petitioner as a Computer Operator, as illegal and arbitrary. It is the case of the petitioner that he was appointed as a Computer Operator in the first respondent Devasthanam registered under the provisions of Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987. It is his further case that in the first respondent Devasthanam, a separate Section, namely, Saaswatha and Nitya Poojala Vibhagam, is being maintained. It is stated that as per the requirement and workload in the said Section, there was a resolution by the members of the Founder family and based on the same, the petitioner was appointed on a fixed remuneration of Rs.3,900/- per month. It is further stated that though the resolution was passed to pay an amount of Rs.3,900/- per month to him, he was being paid @ Rs.100/- per day. It is the grievance of the petitioner that when he was appointed as such as per the resolution, there cannot be any direction by the second respondent to discontinue his services as a Computer Operator. A detailed counter-affidavit is filed by the Executive Officer of the first respondent Devasthanam. In the said counter-affidavit, while denying various allegations levelled against the first respondent Devasthanam by the petitioner, it is stated that the Executive Officer of the first respondent Devasthanam utilized the services of the petitioner as a Computer Operator in Nitya Pooja Section of Devasthanam on daily wage basis @ Rs.100/- per day, as there was a workload, since January, 2008. It is categorically stated that no appointment order was given to the petitioner and his services were not utilized continuously. It is further stated that after the proposals sent by the Executive Officer of the first respondent Devasthanam to engage the services of the petitioner for 11 months on contract basis, were rejected by the second respondent vide proceedings bearing Rc.No.A2/32195/2008, dated 29.01.2009, the services of the petitioner were discontinued with effect from February, 2009. It is also stated that since then, the petitioner has not worked even on daily wage basis or in any manner under the first respondent Devasthanam. Though the petitioner stated that there was a resolution by the members of Founder family, he has not placed before this Court any order appointing him as a Computer Operator. In the absence of any order appointing the petitioner by the Executive Officer of the first respondent Devasthanam or the second respondent, there is no basis for his claim to continue him in service as a Computer Operator in the first respondent Devasthanam. From the averments of the counter- affidavit, it is clear that the services of the petitioner were utilized as a Computer Operator in Nitya Pooja Section on daily wage basis, whenever there was a workload, since January, 2008. In the absence of any order appointing the petitioner as a Computer Operator on contract basis or any other basis and as much as the very proposals sent by the Executive Officer of the first respondent Devasthanam to engage the services of the petitioner on contract basis were already rejected, the petitioner does not have any right to seek continuance of his services in the first respondent Devasthanam. For the aforesaid reasons, I do not find any merit in the writ petition so as to interfere with the directions issued by the second respondent in the impugned memo. Accordingly, the writ petition is dismissed. Consequently, the interim order, dated 25.02.2010 passed by this Court stands vacated. However, it is made clear that if there is any workload in the first respondent Devasthanam, this order will not preclude the respondents to avail the services of the petitioner. No order as to costs. ______________________ R.SUBHASH REDDY, J 4th JUNE, 2010. kvni