(Prayer: Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the 2nd respondent in not regularizing / absorbing the services of the writ petitioners as Class IV Employees Sweeper, Scavengers, Ward boys, Barber, Tailor, Shoemaker, Dress makers and Gardeners in the 2nd respondent Devasthanam from the date of their initial appointments and not paying regular time scale allotted to the Class IV Posts and also decision of the 2nd respondent Devasthanam to merge the petitioners herein into 3rd respondent society is illegal, arbitrary, and violative of Articles 14, 16 and 21 of the Constitution of India and contrary to the law settled by the Hon’ble Supreme Court and this Hon’ble Court and consequently direct the 2nd respondent Devasthanam to absorb and regularize the services of the petitioners as Class IV Employees such as Sweeper, Scavengers, Ward boys, Barber, Tailor, Shoemaker, Dress makers and Gardeners in the 2nd respondent Devasthanam from the date of their initial appointment and pay the time scale allotted to the above posts and also set aside the decision of the 2nd respondent Devastham in merging the petitioners into 3rd respondent society and pass such other order or orders.)

1. The present Writ Petition is filed seeking a direction to the respondents to absorb and regularize the services of the petitioners in the 2nd respondent Devasthanam and also to direct respondent-Devastanam to pay regular time scale allotted to the class iv posts and also to set aside the decision of the 2nd respondent-Devasthanam in merging the petitioners into 3rd respondent-society.

2. The facts narrated in the affidavit filed in support of the Writ Petition are that the petitioners herein are recovered leprosy patients, made a representation to the 2nd respondent-Devasthanam to provide some work in S.V. Poor Home, to eke out their livelihood. Accordingly, the 2ndrespondent-Devasthanam on 14.06.2018, in its meeting approved the proposals for appointment of cured leprosy patients as class iv employees.

3. That is how the things were, the petitioners herein approached the 2nd respondent-Devasthanam authorities in the year 2011 to engage the petitioners in appropriate posts under the cured leprosy quota, and then the 2nd respondent directed/informed the petitioners to form as society. Accordingly, the petitioners formed as M/s. S.V. Poor Home Leprosy Workers Labour Contract Cooperative Society and the same was registered in the month of July, 2011 vide proceedings C3/81/SPH/TTD/TPT/2007 and the respondent authorities engaged the services of the petitioners for a period of one year from 01.07.2011 and the same was extended from time to time and finally extended from 02.04.2021 to 31.03.2022.

4. Further it is stated in the affidavit that the 2nd respondent-Devasthanam pays salaries to the society which was formed by the petitioners and society in turn crediting the same to its members. The society is paying ESI, EPF and GST contributes on their own amount, the 2nd respondent-Devasthanam also paying its contribution and the petitioners are working against the sanctioned posts and the 2ndrespondent-Devasthanam being instrumentality of the State, utilizing the services of the petitioners for all these years without making regular appointments and by paying paltry sum. This is nothing but unfair extraction of services of the petitioners as class IV employees. Hence, the present Writ Petition is filed seeking a direction to the respondents to regularize/absorb the petitioners as class IV employees.

5. The 2nd respondent has stated in the counter affidavit that the petitioners are not appointed by following the regular procedure for recruitment and were not appointed in any sanctioned post, the petitioners were not appointed as per the rules and their services which are irregular and illegal services and further stated they are outsource employees and they are not entitled for any salary on par with any regularly appointed staff. In order to provide rehabilitation and treatment, the services of the petitioners were utilized and the petitioners are not employed by the 2nd respondent and they are receiving their salaries through the society. There is no employee and employer relationship in between the 2nd respondent and the petitioners. As a rehabilitation process and to curb the stigma attached these people who suffered such infectious disease, the respondent thought it fit to utilize the services of the petitioners through such a society and to provide some livelihood to those persons. Accordingly, the petitioners having been sponsored by the said society by name S.V. Poor Home Leprosy Workers Labour Contract Co-operative Society Limited, Tirupati. The petitioners cannot claim higher salary that what was agreed to at the time of their engagement by the said Society. And also denied that the petitioners are entitled for any relief for absorption and the Hon’ble Supreme Court did not hold that the persons like the petitioners are entitled for payment of Minimum Time Scale. Hence, prayed to dismiss the Writ Petition.

6. During the hearing of the writ petition, the learned counsel for the petitioners has stated that this Hon’ble Court had disposed of a batch of writ petitions and placed an order in W.P. No.39457 of 2022 and batch and prayed to pass similar order. Learned counsel appearing for the respondents has disputed this stating that the issue is not identical to the relief sought in the batch of writ petitions.

7. On careful perusal of the order, the batch of writ petitions were disposed of by this Court only granting liberty to the petitioners to file separate representation seeking regularization of their services/ Minimum Time Scale, before the 2nd respondent-Board, mentioning the date of appointment and furnishing details regarding the duties discharged by the petitioners. On filing such representations, the 2nd respondent-Board, was directed to pass appropriate orders and communicate the decision to the petitioners therein.

8. Even on assumption that the facts of the present writ petition are not similar or identical to the batch of the writ petitions, the relief is only to consider the representation of the petitioners. Therefore, this Court inclined to dispose of the Writ petition directing the petitioners herein to make a representation to the 2nd respondent within a period of four weeks from the date of receipt of a copy of this order. Upon receiving such representation, the 2ndrespondent is directed to examine the same and pass appropriate orders in accordance with law and to communicate the same within a period of six weeks therefrom.

9. With the above said direction, the Writ Petition is disposed of. There shall be no order as to costs.

As a sequel, interlocutory applications, if any, pending in this writ petition shall stand closed.