IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY THIRD DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 12974 of 2008 Between: K.Jagannatham S/o.Raghavulu Sri Mallikarjuna Swamy Devasthanam, Odela R/o. Odela, Karimnagar District. ..... PETITIONER AND 1 The Commissioner, Endowments Department, Government of Andhra Pradesh, Hyderabad. 2 The Deputy Commissioner, Endowments Department, Warangal. 3 The Manager, Sri Mallikarjuna Swamy Devasthanam, Odela Village & Mandal, Karimnagar District .....RESPONDENT(S) 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 to issue a writ order or direction more particularly one in the nature of writ of mandamus declaring the action of the 2nd respondent in issuing proceedings Rc.No.C/2296/2008-4, dt. 13.6.2008 transferring the petitioner from Sri Mallikarjuna Swamy Devasthanam, Odela, Karimnagar District to Sri Bhaktha Anjaneya Swamy Temple, Karimnagar Town & District as wholly arbitrary, illegal and violative of principles of natural justice and consequently direct the respondents either to retain him at Sri Mallikarjuna Swamy Devasthanam, Odela, Karimnagar District or if it is so desirable to transfer him to any other temple other than Sri Bhaktha Anjaneya Swamy Temple, Karimnagar Town & District which fetches him the monthly salary and the respondents may be further directed to grant the Revised Pay Scales-2005 to the Petitioner along with arrears and pass such other order or orders. Counsel for the Petitioner:MR.S.SHARAT KUMAR Counsel for the Respondent No.: GP FOR ENDOWMENTS The Court made the following : THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 12974 of 2008 ORDER: The petitioner was employed as a Junior Assistant in Sri Mallikarjuna Swamy Temple, Odela, Karimnagar District. Through proceedings, dated 13.06.2008, the 2nd respondent transferred him to Sri Bhaktha Anjaneya Swamy Temple, Karimnagar. The petitioner challenges the same, on the ground that he cannot be shifted from the Temple, where he was appointed. Another ground pleaded by him is that the employees, who are working in Sri Bhaktha Anjaneya Swmay Temple, are not being paid salaries, on account of meager income, and he would be denied of his livelihood, in case, he is transferred to that place. Heard Sri Sharat Kumar, learned counsel for the petitioner, the learned Government Pleader for Endowments and Sri Satish Kumar, learned Standing Counsel for the 3rd respondent. Though some uncertainty prevailed as to whether the authorities under the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (for short ‘the Act’) have the power to transfer the employees of the individual Temples, the matter is now clear. This Court held that the authorities under the Act have the power to transfer the employees of the individual Temples. Strictly speaking, the petitioner cannot be said to have been put to any inconvenience, inasmuch as the transfer is not only within the District but also from a Mandal Head Quarter to District Head Quarter. His only grievance is that there is every likelihood of his not being paid salary, at the Temple, to which he is transferred. The apprehension is not well founded as of now. It is only after the petitioner joins the service and he is not paid salary on the due date, that he can make out a genuine grievance. In such an event, it shall always be open to him to approach the 2nd respondent with a representation. There is no reason to apprehend that the 2nd respondent would not take such developments into account. Hence, the writ petition is dismissed, upholding the order of transfer. It is, however, directed that in case, the petitioner is not paid salary by the Temple, to which he is transferred, it shall be open to him to make necessary representation to the 2nd respondent. There shall be no order as to costs. _________ 23.06.2008 JSU ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{KURR} THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 12974 of 2008 Date: 23.06.2008 JSU