1997 Supreme(SC) 869

1997(5) Supreme 618
SUPREME COURT OF INDIA
K. Ramaswamy and D.P. Wadhwa, JJ.
A.S. Narayana Deekshitulu etc —Petitioners
versus
State of Andhra Pradesh & Ors. —Respondents
I.A. No. 7 in Writ Petition (C) No. 638 of 1987
With
I.A. Nos. 3 in W.P. (C) No. 696/87,
I.A. No. 3 in T.C. (C) No. 170/88,
I.A. No. 4 in T.C. (C) No. 175/88,
I.A. No. 2 in T.C. (C) No. 38/90,
I.A. 12 in W.P. (C) No. 638 of 1987 &
I.A. No. 4 in W.P. (C) No. 1090/87
All Decided on 9-5-1997
Counsel for the Parties :
For the Appearing Parties : D.D. Thakur, P.P. Rao, Hardev Singh, Dr. Gauri Shankar, Sr. Advocates, C. Mukund, T.V. Ratnam, B. Kanta Rao, K. Ram Kumar, C. Balasubramaniam, Mrs. Asha Nair, V. Balaji, N. Ganapathy, A.T.M. Sampath, Ms. Madhu Moolchandani, S. Markandeya, Mrs. Chitra Markandeya, Ms. Meenaskhi Aggarwal, A. Subba Rao, A.D.N. Rao, V. Balachandran, Sain Hansaria & Co., Advocates, P.N. Ramalingam, B. Parthasarathy, Y.P. Rao, Ms. Sadhana Ramchandran, Ms. B. Sunita Rao and Ms. H. Wahi, Advocates.

Headnote:(i) Religious Institutions—Constitution of India—Articles 25 and 26—Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987—Validity of—Challenged on anvil of constitutional rights enshrined under Articles 25 and 26 of Constitution—Abolition of hereditary rights—A Committee was constituted to go into questions—It submitted its report to Government, as per direction of this Court—Recommendations along with Government’s comments/modalities placed before this Court—Following recommendations made by Committee and accepted by Government have been approved :

       1. Constitution of Archakas and other Employees Salary and Remuneration Fund.

       2. Providing Pension Schemes as in the case of Regional Joint Commissioner and Deputy Commissioner cadre temples.

       3. Providing Dhoties, Uniform/Dresses to the Archakas and other employees.

       4. Since it is suggested to appoint Additional Commissioner, the appointment of the welfare officer to look after the welfare measures in respect of Archakas and secular staff has become redundant.

       5. Acceptance of the Government to frame a separate set of service conditions in respect of the Archakas and other religious staff in view of their peculiar duties attached to them in a good proposal.

       6. Merging of the existing welfare scheme with the welfare scheme formulated.

       7. In regard to condition No. 7 relating to approaching the Income Tax Authorities for obtaining income tax in respect of the income derived from the fund and the donations received from the public, and also for giving 100 exemption to the donors under Section 80-G of the Income Tax Act, in relation to the contribution made to the funds, the Government of India is directed to consider giving such exemption.

       8. Though the suggestion that the welfare measures should be taken to the door steps of the needy is laudable, it involves practical difficulty of huge outlay of expenditure. Therefore, the welfare measures would be administered by the Additional Commissioner from the Head-quarters in Hyderabad.

       9. Amendment to the Act in regard to the Andhra Pradesh Endowments Archakas and other secular employees welfare funds, should also be brought within the statutory operation by suitable amendments to the Act so that it would form a statutory base.

       10.Framing of scheme of Agama Patasalas and conducting of refresher courses suggested in the Deed. (Para 59)

       (ii) A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987—Sections 140 to 144—Committee recommended four categories of Archakas—Classification of Mirasidars as equivalents of secular staff only for purpose of identifying status and scales of pay—Valid—Fixation of scales of pay and classification of Archakas into four categories is valid, so upheld—Mirasidars held not entitled to any distribution of laddoos except as is provided in provisions of the Act. (Paras 6 and 7)

       (iii) A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987—Section 6—Recommendation of Committee for gradual reduction of secular staff—Reasonable—All possible steps should be taken to exempt such temples from purview of Section 144—Fixation of cadre strength of religious staff.

       Held, the suggestion for gradual reduction of secular staff is quite reasonable so that the management and upkeep of the religious institutions, temples or endowments would remain within the budgetary provisions and that they could properly, effectively and efficiently be managed and maintained. All possible steps should be taken to exempt such temples from the purview of Section 144 of the Act. The Government has, therefore, considered this suggestion as feasible and accordingly accepted the same. As seen, constitutionality of Section 144 has already been upheld but as mentioned in the judgment, in respect of certain class of temples, the necessary material was placed before this Court in the written submissions after conclusion of the arguments and not during the course of the arguments. Consequently, direction was given to the Government to look into the matter. Under these circumstances, the Committee has made the above recommendation and the Government had accepted the same. In the light of the power, the Government have to exempt under Section 152 of the Act, the Government is given liberty to issue a notification and exempt such classified temples, as suggested by the Committee, from the purview of Section 144 of the Act. (Para 28)

       Further held that the Archakas owes their appointment to the institution, though, earlier, it was hereditary. On abolition of hereditary rights, he remains to be an employee like other secular staff of the temple. As a result, his rendering duties of performing rituals, ceremonies as an Archaka is different from his status as an Archakas. Therefore, though he is not treated like a Government servant, he is now treated on par with the secular establishment of the temple. As suggested, in case of fall in the income necessarily the retrenchment is required to be resorted to even in respect of the religious staff. Accordingly, we direct the Government with the consultation of the Commission of Endowment Department to carefully look into the matter and evaluate from time to time and take appropriate decision as regards the increase or reduction in the cadre strength of the religious staff. (Para 30)

       (iv) A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987—Section 6—Institutions falling u/s 6(c) whose annual income is below Rs. 15,000/—Recommendation to allow retention of lands given to Archakas as a condition to render service—Reasonable—Employment of additional staff at time of special festivals in temples—Causal or daily wage staff—Additional remuneration to Archakas for extra services rendered by them.

       Held : The Government has accepted the said recommendation with the rider that “such casual employment shall not confer any right for future employment on the Archakas who are engaged for a specific festival”. Each religious institution, endowment, temple or mutt is directed to maintain a list of casual Archakas employed for a specific purpose on special occasions like Brahmotsavams or special festivals conducted in the respective temples. They would be entitled to remuneration for the days on which they render service on these special occasions. As and when the existing religious staff retires from service, in the order of seniority on age basis, the casual Archakas whose names appears in the list maintained by the institution/temple, may be appointed on regular basis subject to their fulfilling the qualifications prescribed for the respective posts etc. Necessary sanction for the payment of daily wages for the period of service not exceeding two weeks, should be obtained from the competent authority before engaging the casual or daily-wage staff. (Para 36)

       The Government has suggested that “(A)ny extra remuneration for extra services rendered is to be decided depending upon the circumstances of each case. If any additional remuneration is paid to the secular staff it has also to be extended to the Archakas and other religious staff.” We find that the acceptance of the Government is quite reasonable and accordingly it is upheld. (Para 37)

       (v) A.P. Charitable and Hindu Religious Constitution and Endowments Act, 1987—Sections 34(2) and 144—Abolition of all hereditary rights—Constitutionality of provisions upheld—Mirasidars of Shri Padmavathi Ammavari Temple, Tiruchanur have lost their hereditary rights—Abolition not to affect any honour to which any former hereditary holder of office of Shri Padmavathi Ammavari Temple is entitled by custom—Performance of religious ceremonies, poojas and worship in religious institutions according to samparadayams and Agamas protected—Misrasidars are directed to make a representation to TTD for appointments in respective gradations of archakas needed in Shri Padmavathi Temple. (Para 51)