Andhra Pradesh High Court - Amravati
T. Janardhana Chari, vs The State Of Andhra Pradesh, on 12 July, 2019
Author: Cheekati Manavendranath Roy
Bench: Cheekati Manavendranath Roy
THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
WRIT PETITION No.9037 of 2019
ORDER:
This writ petition, under Article 226 of the Constitution of India, is filed seeking issuance of writ of Mandamus to declare the action of the respondents 3 and 4 in not paying the salaries to the petitioners from April, 2019 onwards as illegal, arbitrary and consequently direct the 3rd respondent to continue to pay the salaries to the petitioners including arrears.
The case of the petitioners' in brief is as follows:
The 3rd respondent- Srikalahasteeswara Swamivari Devasthanams, Srikalahasti, Chittoor District is a public religious institution published under Section 6(a)(ii) of Andhra Pradesh Hindu Religious & Charitable Act, 1987 (for short 'the Act') and the same is under the administrative control of the Executive Officer appointed by the Government. The 4th respondent- Srikalahasteeswara Institute of Technology (SKIT) was established with the funds of the 3rd respondent as per G.O.Ms.No.875, Revenue (Endts.II), dated 17.10.1997. The Government of Andhra Pradesh (Higher Education Department) has accorded permission to the 3rd respondent to establish an Engineering College in the name of the 4th respondent with the approval of the All India Counsel for Technical Education (AICTE), New Delhi. All the administrative affairs of the 4th respondent are under the control of the governing body, headed by the Commissioner, Endowments Department, as Chairman of SKIT governing body. The entire funds incurred for establishment of the 4th respondent institution are borne by the 3rd respondent.2
The petitioners herein are all non-teaching staff members joined in the institution of the 4th respondent. Later their services were regularized in the year 2006. The 4th respondent institution is now in financial crisis. Due to poor financial position, a proposal was placed before the SKIT governing body to handover the institution to JNTUA, Anantapuramu, for effective functioning. Accepting the proposal, steps were initiated by the Government towards handing over to JNTUA, but the JNTUA has rejected the proposal to absorb the non-teaching staff members.
While things stood thus, the petitioners, who are regular non- teaching staff members have submitted a representation, dated 12.04.2018 to the respondents 1 and 2 to implement revised pay scales, 2015, the same is pending consideration with the respondents 1 and 2. While so, the 4th respondent stopped paying salaries to the petitioners from April, 2019. The petitioners are solely depending on their monthly salaries. Despite submitting a representation, dated 01.07.2019, to the 3rd respondent to release the salaries in order to meet their daily needs, the same is not considered till date. Therefore, the petitioners prayed to declare the action of the respondents 3 and 4 in not paying salaries to the petitioners, as arbitrary and illegal and thereby, prayed to direct the respondents herein to continue to pay salaries to them.
Heard learned counsel for the petitioners, learned Government Pleader appearing for the respondents 1 and 2 and Sri A.Srikanth Reddy, learned Standing Counsel appearing for the respondents 3 and 4. With the consent of both the counsel, the writ petition is heard and disposed of at the admission stage itself.
3
The facts, as pleaded by the petitioners in the affidavit filed in support of the writ petition are not disputed by the respondents, at the time of hearing. It was fairly conceded by the learned Standing Counsel for the respondents 3 and 4 that the salaries of the petitioners are not being paid for the last three months and it is only on account of the fact that the 4th respondent institution is in financial crisis. He further states that steps are being taken to sort out the financial problems and the institution is ready to pay the salaries to the petitioners along with arrears. He only prays to give a reasonable time to pay the arrears of salaries to the petitioners and also to continue to pay their salaries for the services rendered by them for interest of the institution.
Therefore, recording the said undertaking given by the learned Standing Counsel appearing for respondents 3 and 4, this writ petition is disposed of with a direction to the respondents 3 and 4 to pay the arrears of salaries to the petitioners within one month from the date of this order and also continue to pay salaries to them.
Pending miscellaneous petitions, if any, shall stand closed.
_________________________________ CHEEKATI MANAVENDRANATH ROY, J Date: 12.07.2019 pab 4 THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY WRIT PETITION No.9037 of 2019 DATE: 12.07.2019 Pab