N.Srinivas vs. The Tirumala Tirupathi Devasthanam

THE HONOURABLE SRI JUSTICE D.RAMESH

WRIT PETITION Nos. 40809, 40829 of 2022 & 8614 of 2023

COMMON ORDER:

These Writ Petition Nos.40809 & 40829 of 2022 under Article 226 of the Constitution of India are filed seeking to issue Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd respondent in removing the petitioners from the TTD Services by issuing proceeding Roc.No.TTD-80021(31/251/2021-DEO-SEC), dated 28.11.2022 is illegal, improper.

2. In Writ Petition No.8614 of 2023 under Article 226 of the Constitution of India is filed seeking to issue Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not taking petitioner/absorbing him as teacher in 4th respondent school or any other school being managed by the Tirumala Tirupathi Devasthanams in spite of the proceedings in Roc.No.TTD-80021(31/251/2021-DEO-SEC-TTD), dated 19.01.2022 is illegal, arbitrary.

3. Heard learned counsel for the petitioner and the learned Government Pleader for Services-II appearing for the respondent No.1 & Ms.V.Dyumani, learned Standing Counsel appearing for the respondents No.2 to 4.

4. During hearing, learned counsel for the petitioner has submitted that the present issue involved in all these Writ Petitions are one and the same, hence all these Writ petitions are disposed of.

5. In the Common Order, the writ petitioner who was working as Teaching and Non-Teaching staff working in the Un-Aided posts in the SVBNR Private Aided English Medium High School, Tirumala which was under the management of Tirumala Education Trust.

6. The TTD-3rd respondent has made a proposal to take over the SVBNR English medium school, Tirumala under the management of Tirumala Educational Trust. Accordingly the Assistant Executive Officer (TASK force) TTD Tirumala permitted to take over the position of SVBNR

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school including site and structures of Ac.1.19 cents including the tomb of Matrusri. Tarigonda Vengamamba from the management of Tirumala Educational Trust, Tirumala and accordingly the respondent No.3 was asked to admit the children 245 members in TTD schools and to take over the 21 staff members (16 Teaching & 5 Non-Teaching) as per rules. Accordingly on 14.11.2021 the management of the SVBNR High School and the respondent Nos.2 to 4 exchanged their agreements. Accordingly, all these students along with 21 Teaching and Non-Teaching staff were admitted by the respondents and subsequently all the 21 members of Teaching and Non-Teaching staff were engaged by the respondents on Contract basis (or) as guest teachers and the committee has submitted its report on 20.12.2021. It was also considered by the Executive Officer and issued Proceedings on 19.01.2022 taking all the staff members i.e. at Serial No. 1 to 14 on contract basis and whereas at Serial No. 15 to 21 on outsourcing basis. From that date onwards, the petitioners are working in the SVBNR High School, Tirumala.

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7. On receiving false allegations made by some third parties, the respondents are entrusted the matter to the Chief Vigilance and Security officer TTD, would surprisingly kept the report behind back of the petitioners, the respondents are not allowing the petitioners to discharge their duties from November, 2022 onwards and finally the respondents passed the present impugned order dated 28.11.2022 not to continue the petitioners from the services. Questioning the same, the present Writ Petition is filed.

8. The learned counsel for the petitioner(s) would submit that the impugned proceedings dated 28.11.2022 are passed without giving any opportunity to the petitioner(s). Basing on the report of the Chief Vigilance straight away passed the impugned orders removing the petitioner(s) from the services which is contrary to the principles of natural justice. In fact all the petitioner(s) are permitted by the respondents proceedings dated 19.01.2022 from that date onwards the petitioner(s) are eligible to regularize their service. In such case, without

following the procedure of contemplated in regulations of TTD, the respondents are not entitled to remove the service of the petitioner(s).

9. In W.P.No.8614 of 2023, Sri Turaga Sai Surya, learned counsel appearing on behalf of the Writ Petitioner would submit that, according to the Chief Vigilance report dated 22.05.2022, there are no allegations against the petitioner(s) and it is not in dispute that he was an employee of SVBNR High School and based on that he was permitted to continue in TTD proceedings dated 28.11.2022, surprisingly, he is not allowing to discharge their duties from November, 2022 onwards. Hence, the present Writ Petition is filed.

10. After perusal of the report there are no allegations against the writ petitioner, hence the action of the respondents in removing the petitioner(s) for extraneous reason which is also contrary to the principles of the natural justice.

11. After notice, the respondents have filed their counter.

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12. The learned Standing Counsel appearing on behalf of the respondents have also placed the report of the queries raised by the learned Standing Counsel and also the report in that they have not denied about the issuance of proceedings, dated 19.01.2022 though they have stated that they have not given any individual appointment, but they have not denied about the existence of the proceedings dated 19.01.2022. According to the said proceedings all 21 staff members were taken by the respondent No.3 at Serial No.1 to 14 on contract basis and Serial No.15 to 21 on outsourcing basis. That being the situation, once they have taken into the service of the respondents either by contract or outsourcing basis then if they want to discontinue and terminated their services, the respondents ought to have followed the procedure in the instant case. On perusal of the impugned order, clearly discloses that the respondents are not followed the procedure contemplated in regulations of TTD. Apart from that, no opportunity and notice has been provided to the petitioner(s) before discharging their services.

13. Considering the submissions and also on perusal of the impugned order, this Court is of the opinion that the respondents have not followed the procedure as per law and also no notice before taking such action, hence the impugned proceedings dated 28.11.2022 are set aside and the respondents are directed to restore the services of the petitioner(s) and pay all consequential benefits.

14. It is needless to say that, if the respondents initiate any action based on the Vigilance report, they are at liberty to action after giving an opportunity to all concern.

15. Accordingly, all these Writ Petitions are disposed of. There shall be no order as to costs.

Miscellaneous petitions pending, if any, in these Writ Petitions shall stand closed.

_____________________ JUSTICE D.RAMESH

Date : 07.07.2023 PNS/KLK