Indian Kanoon - Search engine for Indian Law

1. The Writ Appeal and the Writ Petition involving common questions of fact and law were heard together and are being disposed of by this common Judgment.

2.Writ Appeal No.1328 of 1997 was filed by Tirumala-Tirupathi Devasthanams (for short TTD) against the judgment dated 11.3.1997 in W.P.No.10149 of 1993.Respondents 1 to 4 herein, who claim to be working as NMR Coolies in TTD Cooperative Stores Ltd., Tirupathi, filed the said Writ Petition seeking a Writ of Mandamus directing the appellants to implement the orders issued by the Government in G.O.Ms.No.1025 Revenue (Endt. III) Department dated 21.12.1990 and the consequential proceedings by the TTD in Roc.No.B3-5541/90 dt.10.4.1991 under which the Government of Andhra Pradesh and the TTD have decided to absorb the employees of TTD Cooperative Stores into TTD Service.

3. Writ Petition No.24709 of 1996 was filed by fifteen NMR workers working in TTD Stores also seeking for a direction to the State Government and the TTD for implementation of the aforesaid G.O.Ms.No.1025 dated 21.12.1990 and the consequential proceedings dated 10.4.1991 issued by the Executive Officer, TTD.

4. By consent of both the parties, the Writ Appeal and the Writ Petition were heard together.

5. The brief facts leading to the controversy are: The respondents-employees in the Writ Appeal were employed as NMR workers in TTD Cooperative Stores which was wound up and closed with effect from 30.3.1993. The State Government and the TTD considered the question of absorbing the employees of TTD Cooperative Stores into the service of the TTD. The Government after examining the issue, issued orders in G.O.Ms.No.1025 dated 21.12.1990 according permission to the Executive Officer, TTD to suitably absorb the employees working in TTD Cooperative Stores i.e. Superintendents, U.D. Clerks, L.D. Clerks in TTD Service against the vacancies earmarked for direct recruitment in L.D. Cadre and in respect of other lower staff against the vacancies earmarked for direct recruitment in corresponding equivalent cadres in TTD service as resolved by the specified authority T.T.D. in its resolution No.277 dated 4.7.1990. Pursuant to the said orders of the Government, the Executive Officer, T.T.D. issued orders dated 10.4.1991 ordering that the employees of the TTD Cooperative Stores as detailed in the annexure appended to the said proceedings be absorbed in TTD subject to the terms and conditions specified therein. The case of the respondents-employees is that their names were also included in the annexure appended to the said proceedings specifying that they are to be absorbed as NMRs on the existing wages being paid to them in Stores and as such they are also entitled to be absorbed into TTD service. As the said orders were not implemented, the respondents-employees have filed the Writ Petition directing the respondents therein to implement the same and to pass necessary consequential orders.