IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRTY FIRST DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 27843 of 2007 Between: G.Kasi Vishwanadham, S/o Kalasaiah, Group of Temples, Chilakaluripeta Mandal, Guntur District. ..... PETITIONER AND 1 Sri Purushothampatnam Group of Temples, Door No.24-136,3rd Line, Gandhipeta, Chilakaluripeta, Guntur District, rep.by its Executive Officer. 2 The Asst.Commissioner of Endowments, Opp.Gunta Ground, Kothapeta, Guntur. 3 The Commissioner of Endowments, Boggulakunta,, Tilak Road, Hyderabad. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue any order or Writ more particularly one in the nature of Writ of Mandamus, declaring the action of the respondent No.1 in not paying the arrears of salaries of the petitioner from the period 1-6- 1995 to 31-12-2007 totaling an amount of Rs.2,70,560/- as illegal, void and hit by the Article 21 of the Constitution of India and consequently direct the respondents to pay the arrears salaries of the petitioners with interest and further direct the respondent to continue to pay the salary of the petitioner and pass such other or further order or orders as deems fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.N.GURU GOPAL Counsel for the Respondent No.1: MR.V.T.M.PRASAD Counsel for the Respondent Nos.2 and 3: GP FOR ENDOWMENTS The Court made the following : ORDER: The petitioner was initially appointed as Record Assistant on 31.01.1987. Thereafter, he is said to have been promoted to the post of Junior Assistant on 01.06.1993. For some time, he was sent on deputation to a different institution and thereafter, he has resumed duties in the first respondent group of the temples. According to the petitioner, he was not paid the salary as per his entitlement and a sum of Rs.2,22,386/- accumulated from 01.06.1992 to 25.02.2007. He claims to have made representations to various authorities for payment of the same and complains that no action has been taken thereon. Heard learned Counsel for the petitioner, learned Standing Counsel for the first respondent and learned Government Pleader for Endowments, for respondents 2 and 3. The petitioner is proceeding as though he has been placed in a particular scale with specific allowances and made a claim for the differential amount. Such a course is impermissible in law. If, according to the petitioner, he has been denied any scale of pay, or the allowances, he has to make a representation to his employer, duly placing reliance upon G.Os. or Circulars, as the case may be. It is for the appointing authority to determine the actual emoluments payable to the petitioner and not for the petitioner himself to determine the same. In case emoluments are not properly determined, the petitioner has to work out his remedies by filing an appeal, or by pursuing other remedies. Therefore, the Writ Petition is disposed of, leaving it open to the petitioner to make a fresh representation, pointing out his grievance to the emoluments payable to him, and the first respondent, in turn, shall pass appropriate orders, within a period of two months from the date of receipt of a copy of this order. The first respondent shall pay the undisputed emoluments to the petitioner, if he is attending to the duties regularly. There shall be no order as to costs. ____________________ Dt.31.03.2008 L.NARASIMHA REDDY, J GJ To 1 The Asst.Commissioner of Endowments, Opp.Gunta Ground, Kothapeta, Guntur. 2 The Commissioner of Endowments, Boggulakunta,, Tilak Road, Hyderabad. 3.2CCs to the Government Pleader for Endowments, High Court Buildings, Hyderabad. (OUT) 4.2CD copies