P.Siva Reddy And Another v. Commissioner Of Endowments Department.

HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.16637 OF 2002 ORDER:

1.

This writ petition is filed seeking to issue a writ of Mandamus declaring the action of the 1st respondent in terminating the services of the petitioners vide proceedings dated 17.8.2002, as arbitrary, illegal, discriminatory, without power or authority and also violative of the principles of natural justice, and consequently, to set aside the proceedings dated 17.8.2002 issued by the 1st respondent.

2.

Heard Sri K.R. Prabhakar, learned Counsel for the petitioners and the learned Government Pleader for Endowments.

3.

It is the case of the petitioners that they were appointed as Record Assistants on 1.4.1993 and 2.4.1993 by the Trustees of Sri Sakaleswara Swami Vari Devasthanam, Vallabhapuram, and Sri Janardhana Swamy Vari Temple, Kolliparla Mandal, Guntur District, respectively, and thereafter, the respondents transferred the petitioners to Vemuru Group of Temples and Munnangi Group of Temples, Munnangi respectively and while they have been discharging their duties as such, the 1st respondent issued the proceedings impugned terminating the services of the petitioners without giving any opportunity to

them and without conducting any enquiry. Aggrieved by the same, the present writ petition is filed.

4.

Learned Counsel for the petitioners submitted that on 3.9.2002, while admitting the writ petition, this Court granted interim suspension of the termination order, and by virtue of the said interlocutory order, the petitioners are continuing their services.

5.

This Court having considered the submissions made by the parties is of the view that the impugned termination orders were passed without giving any notice to the petitioners. Therefore, they are liable to be set aside.

6.

Accordingly, the impugned termination order is set aside with all consequential benefits. If the petitioners are being continued in service by virtue of the interlocutory order passed by this Court, they shall not be disturbed.

7.

With the above direction, the Writ Petition is allowed. No costs. Consequently, miscellaneous petitions pending, if any, shall stand closed.

________________________________ JUSTICE ABHINAND KUMAR SHAVILI Dated:24th October, 2018.

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HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.16637 OF 2002 24/10/2018 Nn.