N. Radha Krishna, S/O Adeppa v. The Tirumala Tirupathi Devasthanams,

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.20584 OF 2013 Dated:02.03.2017 Between:

N. Radha Krishna, S/o. Adeppa, Aged 42 years, Assistant in TTD., Tirumala, R/o. Tirupati, Chittoor District .. Petitioner And The Tirumala Tirupathi Devasthanams, Tirupati, Chittoor District, rep., by its Executive Officer and others .. Respondents The Court made the following:

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.20584 OF 2013 ORDER:

The petitioner was engaged as Assistant in Tirumala Tirupati Devasthanams (TTD.) w.e.f. 01.05.1987. He claims regularisation of his services as Assistant. The Government issued orders in G.O.Ms.No.391, dated 06.05.1991, granting regularisation.

However, the services of the petitioner were regularised as Attender instead of Assistant.

2.

Earlier, petitioner filed W.P.No.10115 of 1993 for regularisation of his services as Assistant. Learned Single Judge of this Court, by order dated 06.01.2003, dismissed the said Writ Petition. Aggrieved thereby, petitioner filed W.A.No.149 of 2003. The Division Bench of this Court by judgment, dated 04.08.2009, set aside the decision of the learned Single Judge and allowed the Writ Petition directing the respondents to grant regularisation of the petitioners therein in the category of Assistants from the date of issuance of the G.O.

3.

This Writ Petition is listed under the caption 'Covered Matters' on a letter, dated 09.02.2017, circulated by learned counsel for the petitioner stating that the subject matter of the Writ Petition is covered by the decision in W.P.No.40537 of 2012, dated 05.01.2017.

4.

Learned Standing Counsel for TTD. appearing for the 1st respondent submits that the stand of the respondents is that the petitioner is not entitled for regularisation as Assistant from

the date on which the Government issued the G.O. However, he would fairly submit that the same stand was expressed before the Division Bench, referred to above, but the same was overruled and the relief was granted.

5.

In W.P.No.40537 of 2012, petitioner claimed regularisation as Assistant as he was granted regularisation as Helper. Said petitioner was appellant in W.A.No.144 of 2003. Considering the earlier decision of the Division Bench and the Government Orders, learned Single Judge allowed the W.P.No.40537 of 2012 and directed the TTD to regularise his services as Assistant.

6.

Having regard to the judgment, dated 04.08.2009, rendered by the Division Bench of this Court in W.A.Nos.144 and 149 of 2003 and judgment in W.P.No.40537 of 2012, this Writ Petition is allowed and the respondents are directed to grant regularisation to the petitioner in the category of Assistant w.e.f. 06.05.1991 on which date G.O.Ms.No.391 was issued by the Government with all consequential benefits. There shall be no order as to costs.

Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.

____________________ P. NAVEEN RAO, J Date:02.03.2017 KH