THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Writ Petition No.18822 of 2003 (Dated : 26-12-2011) Between: Mohd. Moulana and others ….Petitioners A n d A.P.State Wakf Board rep. by its Secretary, Hyderabad ….Respondents THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Writ Petition No.18822 of 2003 ORDER: This writ petition has been filed by the petitioners, who are 29 in number, seeking mandamus declaring the action of the respondent- A.P.State Wakf Board in denying the last grade regular employees time scale of pay to them, as arbitrary and illegal. 2. The petitioners claim that they have been working in various categories in Darga Hazarath Syed Sadullah Hussaini, Badapahad, Nizamabad (for short, “Darga”) and that the income of the Darga for the year 2003 is Rs.58 lakhs and the institution is in a position to allow the time scale of pay to the petitioners on par with the scale of pay admissible to the regular employees. The petitioners filed Writ Petition No.18956 of 1994 seeking direction to the respondent to allow time scale of pay. Subsequently, they withdrew the writ petition. Since the petitioners have been paid consolidated wages, they seek direction to the respondents to allow regular pay scale as admissible to the regular employees. 3. The respondent filed counter disputing the claim of the petitioners. It is stated in the counter that the petitioners accepted the offer of consolidated pay and the positions in which they are employed, which are purely, temporary in nature and their appointment is liable to be terminated without assigning any reasons. Since their appointment is purely on consolidated basis, the question of allowing time scale of pay does not arise. 4. The petitioner filed reply affidavit. It is stated in the reply affidavit that the Chief Executive Officer-cum-Special Officer, A.P.State Wakf Board entered into an agreement with A.P.State Wakf Board Employees Welfare Association on 26-8-2009 whereunder, the Chief Executive Officer agreed to consider the matter regarding regularization of services of employees working at five dargas. For better appreciation, I may refer para (5) of the reply affidavit, which read as hereunder:- “ I submit that in reply to para 4, it is true and correct that the respondent board appointed us on various category on consolidated pay and till today we are continuing in the said post with utmost satisfaction of the respondent Board officials. It is submitted that it is also true and correct that our salaries were hiked vide proceedings No.E1/132/1998, Dt.28.05.2001 and the respondent board is not regularizing our services along with time scale as admitted in Agreement of Memorandum of Understanding between the Chief Executive Officer/Special Officer, A.P.State Wakf Board and A.P.State Wakf Board Employees Welfare Association on 26.8.2008 and in the said agreement of Memorandum of Understanding the regularization of services of Employees on consolidated and contract basis was arrived as follows: (1) In principal it is agreed that the services of the Employees working at Head Office on consolidated and contract basis will be regularized as per rules. (2) The matter regarding regularization of services of Employees working at Five Dargahs has been discussed and accepted to examine and to consider the request the matter will be finzalised within 8 days positively for the eligible candidates as per the qualification and seniority. It is submitted that in view of the aforesaid clause mentioned in the agreement of Memorandum of Understanding the respondent Board cannot contend that our services along with the time scale for regularization does not arise”. 5. Heard learned counsel appearing for the petitioner and Shri Mir Masood Khan, learned Standing counsel appearing for the respondent-A.P.State Wakf Board. 6. Learned counsel appearing for the petitioner submits that pending the writ petition, the petitioners 1, 9 and 10 died and therefore, petition insofar as they are concerned has been abated. The petitioner No.18 has been suspended from service and therefore, his case also needs no consideration in this writ petition. He would further submit that the case of some of the employees working in various other Dargas has been considered and their services have been regularized in which case, necessary direction is required to be given to the respondent to consider the representation of the petitioners for regularization of their services. 7. Per contra; learned Standing Counsel appearing for the respondent submits that the question of regularization arises when there is a cadre strength in the Darga and there being no cadre strength as provided under Rule 32, question of regularization of services of the petitioners does not arise. Learned counsel laid much emphasis on Rule 32 of the Andhra Pradesh Wakf Rules, 2000, which read as hereunder:- “32. Appointment of Officers and other Employees of the Board under Sections 24 and 38 of the Wakf Act, 1995:- (1) The Board shall prepare the cadre strength of its employees working in the Board office, Zonal offices and at the district level, whose pay and allowances are debited to the Wakf Fund Account indicating. (a) Name of the Post (b) Scale of Pay (c) Total No. of posts sanctioned (i) for Head Office (ii) for District/Zonal office (d) No. of posts vacant (1) in Head Office (2) in District/Zonal Office (2) The Board shall submit the cadre strength in duplicate to Government for approval together with statement of financial position. (3) In respect of institutions also the Board shall prepare the cadre strength of employees working under the institutions in triplicate and forward to the State Government for approval together with justification and financial position. (4) The Board shall not make any changes in the cadre strength of employees or in the approved cadre strength unless prior approval of Government is obtained. (5) The State Government shall after the examination of the proposals in sub- rules (1), (2) and (3) communicate the approved cadre strength of employees to the Board within ninety (90) days from the date of receipt of the proposals” 8. It is a matter of record that the petitioners are working on consolidated pay in the Darga. No cadre strength has been prescribed by the A.P.State Wakf Board in respect of the Darga. The remuneration paid to the employees in the Darga and their service is governed under an agreement called MoU. If the petitioners are aggrieved by the remuneration fixed in the agreement/MoU, they are at liberty to submit representations to the respondent for enhancement of their remuneration. There being no cadre strength fixed to the Darga, the question of issuing a mandamus to the respondent to regularize their services does not arise. 9. Accordingly, the Writ Petition is disposed of giving liberty to the petitioners to make a representation to the respondent for regularization of their services. In the event of such representation being submitted, the respondent has to consider the same and pass appropriate orders within a period of three months thereafter. No order as to costs. _____________________ B.SESHASAYANA REDDY, J Dt.26-12-2011 RAR