Penuguduru Srinivas v. Sree Durga Malleswara Swamy Varla Devasthanam
2010-07-08
L.NARASIMHA REDDY
body2010
DigiLaw.ai
Judgment Sree Durga Malleswara Swamy Vari Devasthanam, Vijayawada, is visited by lakhs of pilgrims over the year. There is a practice of the pilgrims undergoing tonsure. The Devasthanam has appointed some barbers on regular basis on pay-scale, and some of them on remuneration basis, i.e., on payment of Rs.4/- per ticket. During the festival days, the rush of pilgrims would be more and it would engage quite a large number of barbers on daily basis. The petitioners claim to have been engaged as temporary barbers for the past several years. They state that at one point of time proceedings were issued appointing them on regular basis, and soon thereafter, their services were discontinued. This writ petition is filed with a prayer to declare the action of the second respondent in engaging the services of outsiders as additional tonsure workers in addition to the regular barbers, without considering the case of the petitioners, as illegal and to direct the Devasthanam to engage their services. On behalf of respondents 1 and 2 a detailed counter affidavit is filed. It is stated that in addition to the regular barbers, there are 59 barbers, who are engaged on remuneration basis, and only during the festival days other persons including the petitioners were engaged. The allegation of the petitioners that their services have been regularized and they have been engaged for the past 10 years is denied. Heard Sri Posani Venkateswarlu, learned counsel for the petitioners, Sri V.T.M. Prasad, learned counsel for respondents 1 and 2, and learned Counsel for Devasthanam The assertion of the petitioners that they have been engaged as temporary barbers and that at one point of time their services were regularized, is virtually denied by the respondents. The petitioners are not able to place any material before this Court in support of their contention. The record discloses that Devasthanam has few barbers on its roles on regular basis and as of now 59 barbers are engaged on payment of Rs.4/-per ticket. It is stated that the amount so accumulated would be distributed among 59 tonsure workers. As in the case of any other temple or Devasthanam, the visitors during festival occasion would be more at the first respondent Devasthanam also. Having regard to its fame, the number of visitors on such occasion would be phenomenon.
It is stated that the amount so accumulated would be distributed among 59 tonsure workers. As in the case of any other temple or Devasthanam, the visitors during festival occasion would be more at the first respondent Devasthanam also. Having regard to its fame, the number of visitors on such occasion would be phenomenon. The respondents have categorically stated that during festival occasions quite a large number of barbers, who come from various parts of the State, are engaged on payment of Rs.4/- per ticket and soon after the festivals such barbers would go to their respective native places. The petitioners appear to be hailing from that category. No specific procedure was prescribed for engaging barbers during festival occasions. Whoever knows tonsuring is provided the work. There is no reason to believe that the respondents would not engage the petitioners on such occasions. This Court is not inclined to grant any relief either in the form of declaration as prayed for, or for regularizing the services. Hence, the writ petition is disposed of. It is directed that respondents 1 and 2 shall engage the services of the petitioners on festival occasions on par with the others, by paying certain fixed remuneration. There shall be no order as to costs.