A.B.Abishek, S/O. A.B. Krishna Swamy v. Tirumala Tirupathi Devasthanam

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH WP No.24893 of 2015 Between:

A.B. Abishek & 2 others

...Petitioners

And:

Tirumala Tirupati Devasthanams, rep. by its Executive Officer, K.T. Road, Tirupati ... Respondent DATE OF JUDGMENT PRONOUNCED: 07.08.2015 SUBMITTED FOR APPROVAL:- THE HON'BLE SRI JUSTICE R. KANTHA RAO

1. Whether Reporters of Local newspapers may Yes/No be allowed to see the Judgments?

2. Whether the Copies of Judgment may Yes/No be marked to Law Reporters/Journals

3. Whether Their Lordship wish to see the Yes/No fair copy of the Judgment?

HON'BLE SRI JUSTICE R. KANTHA RAO Writ Petition No.24893 of 2015 ORDER:

Heard Sri T. Balaji, learned counsel appearing for the petitioners and Sri Y.V. Ravi Prasad, learned standing counsel for the respondent.

2. It is submitted that all the petitioners are the sons of erstwhile Archaka Mirasidars of Goddess Padmavathi Ammavaru of Sri Padmavathi Ammavari Temple, Tiruchanur. According to them, they are entitled to be appointed as Archakas by virtue of the provisions under

Sections 34(3), 142 and 144 of the A.P. Charitable Hindu Religious Endowments Act, 1987 as Amended by Act 33 of 2007. Under the said provisions, a Circular dated 18.02.2011 was issued by the respondent, which read as follows:

"It is informed that, in the reference cited it was communicated that the TTD has decided to recruit the additional posts of Archakas need for the temple subject to approval of the Government and also decided to fill up the posts with eligible and qualified male children of the Erstwhile Mirasidars (majors) of the temple first preference and then to proceed for direct recruitment. Therefore, the Sambhavana Archakas )who are rendering services under package) are requested to submit the representations to the Dy. Exec.Officer, Sri PAT, Tiruchanoor along with Mirasi tree of the Erstwhile Archaka Mirasidar." 3.

Subsequently, the respondent-Board also passed resolution stating that 'if any new appointments were made with reference to one of the erstwhile Mirasi Archakas, the Section 34(3) should be complied with i.e., qualified persons should only be recruited'.

4. By virtue of the afore mentioned Circular and Board resolutions, the names of the petitioners have to be considered for the posts of Archakas, as they are the sons of Erstwhile Archaka Mirasidars. The petitioners submitted representations dated 03.07.2015 and 22.07.2015 to the respondent to consider their cases of the petitioners to be appointed as 'archakas' as per afore mentioned Circular and Board resolutions.

5. In the circumstances, the writ petition is disposed of directing the respondent to consider the representations dated 03.07.2015 and 22.07.2015 of the petitioners, for appointment as 'Archakas', in terms of Section 34(3) of the AP CHRI & Endowments Act, 1987 and pass appropriate orders thereon within a period of eight (8) weeks from the date of receipt of a copy of this order, subject to their eligibility and availability of the vacancies.

6. The writ petition is accordingly disposed of. Miscellaneous petitions, if any, in this writ petition, shall stand closed. No order as to costs.

__________________ R. KANTHA RAO, J Date: 07.08.2015 Note: Furnish CC in one week.

(BO) BSS HON'BLE SRI JUSTICE R. KANTHA RAO URGENT Writ Petition No.24893 of 2015

Date: 07.08.2015 BSS