TMI Blog2007 (5) TMI 594X X X X Extracts X X X X X X X X Extracts X X X X ..... writ petition filed by the respondents was allowed with certain directions, was affirmed. 2. The original writ petitioners before the learned single Judge worked for certain periods with the appellant Tirumala Tirupati Devasthanams as Nominal Muster Rolls (for short 'NMR') employees. A circular was issued by the appellant on 25.7.1990 wherein it was mentioned that in case of any vacancies, ex-employees should be appointed in order of seniority. The five writ petitioners were temporarily appointed as Attenders by the appellant on 17.8.1992 on the basis of aforesaid circular being ex-employees. After verification of the records and other documents it was found that all the five writ petitioners were overage and were not eligible f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted to 51 persons from age and educational qualifications and on 4.5.1990 exemption had been granted to five persons who were under age. After mentioning the said facts the learned Single Judge held as under: - ..................................Nothing is placed before the Court to show as to why such a discretion could not be exercised by the board of trustees in the case of the petitioners. In fact, the decision of the Board of Trustees refusing to exercise the power of exemption is not laid before the Court for perusal. There is only a reference to that effect in the impugned order. In the result, the writ petition is allowed. The impugned order is quashed. A writ of mandamus shall issue to the respondents to reinstate the petitioner ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urt and has submitted that in the facts and circumstances of the case the view taken by the High Court is perfectly correct. 5. Rules 1, 2, 3 and 11 of the Rules read as under: - 1. These rules may be called Tirumala Tirupathi Devasthanams Employees Service Rules, 1989. 2. They shall apply to every employee of Tirumala Tirupathi Devasthanams except to the Officers or Staff taken on contract basis and officers or staff taken on deputation from the Government or other organizations. 3. Unless the context otherwise requires: - (i) 'Act' means the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987. (ii) Words and phrases used but not defined in these rules shall have the same meaning a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ued. It also provides for general relaxation of age in accordance with the orders issued by the Government and also in respect of persons belonging to reserved categories such as Scheduled Castes and Scheduled Tribes and backward classes. Thus the Rules make complete provisions regarding qualification and age for direct recruitment and also in respect of category of persons to whom relaxation can be granted which would be in accordance with the Government Orders. The Rules do not mention anywhere that while making direct recruitment any services rendered as an NMR employee has to be taken into consideration or some relaxation in age is to be granted on its basis. The writ petitioners had worked for a brief period as NMR employees in 1984-86 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Report: - 12. There is some force in some of the contentions put forward on behalf of the State of Mysore. It is not necessary to test them as we find ourselves unable to uphold the contention of the appellants. No doubt some concession had been shown to the first batch of 41 persons and the batches of persons who had come in after the batch of 73 persons also received some concession, but after all these were concessions and not something which they could claim as of right. The State of Mysore might have shown some indulgence to this batch of 63 persons but we cannot issue a writ of mandamus commanding it to do so. There was no service rule which the State had transgressed nor has the State evolved any principle to be followed in respect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t follows, therefore, that in order that mandamus may issue to compel the authorities to do something, it must be shown that there is a statute which imposes a legal duty and the aggrieved party has a legal right under the statute to enforce its performance. There being no statutory provision or rule providing for exemption from eligibility criterion, the learned Single Judge clearly erred in issuing a writ of mandamus against the appellant directing it to consider the case of writ petitioner No. 5 for granting him exemption from the rule providing for upper age limit for fresh appointment. 9. In view of the discussion made above the impugned judgments of the High Court cannot be sustained and must be set aside. The appeal is accordingl ..... X X X X Extracts X X X X X X X X Extracts X X X X
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