A. S. Narayana Deekshitulu vs State Of A. P.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1997 Supreme(SC) 873

SUPREME COURT OF INDIA
D.P.Wadhwa : K.Ramaswamy
A.S.Narayana Deekshitulu
Versus
State Of A.P.
Case No. : 7 , 638 of 1987
Date of Decision : 5/9/97
Advocates Appeared: Agarwal Meenakshi : Balachandran V. : Balaji V. : Balasubramaniam C. : Ganapathy N. : Kumar K.Ram : Markandaya S. : Markandeya Chitra : Moolchandani Madhu : Mukund C. : Nair Asha N. : Parthasarathi B. : Parthasarathy B. : Ramachandran Sadhana : Ramalingam P.N. : Rao A.D.N. : Rao A.Subba : Rao B.Kanta : Rao B.Sunita : Rao P.P. : Rao Y.P. : Ratnam T.V. : Sampath A.T.M. : Shankar Gauri : Singh Hardev : Thakur D.D. : Wahi H.

Headnote:
Constitution of India – Articles 25 and 26 – A. P. Charitable and Hindu Religious Institutions and Endowments Act, 1987 – Section 142 and 144 – Court upheld constitutionality along with other matters, direction was given to constitute a committee with the named officers to determine payment of salary to holders of office on hereditary basis prior to abolition thereof – Consequently Committee came to be constituted to go into the questions and it submitted its report to government direction of this court and Government was required to consider recommendations and in turn submit its report to this court for further approval recommendations along with governments comments/modalities suggested have been placed – Held, Case they do not join within the said time, they will forfeit their entitlement and no benefit, except customary honours protected under the Act shall be given to them brought to our notice that to some Archakas rendering service in temple interim payment after judgment being given as Sambhavana and Boarding allowance regards those working as Gamekars, equally, final notice was given to them on said date requiring them to join services but they have also not joined would be open to those who were rendering services prior to delivery of impugned judgment to join service case they do not join they will not be entitled to any of the benefits except customary benefits protected – Appeal disposed.

JUDGMENT

K.RAMASWAMY, J.

(1) VALIDITY of Ch. IV of the A. P. Charitable and Hindu Religious Institutions and Endowments Act, 1987 (for short "the Act") was assailed on the anvil of the constitutional rights enshrined under Articles 25 and 26 of the Constitution. This court in A.S. Narayana Deekshitulu v. State of A.P. has upheld the constitutionality thereof. However, along with other matters, direction was given to constitute a committee with the named officers to determine the payment of salary to the holders of the office on hereditary basis prior to the abolition thereof. Consequently, the Committee came to be constituted to go into the questions and it submitted its report to the government, as per the direction of this court, and the government was required to consider the recommendations and in turn submit its report to this court for further approval. Thus, the recommendations along with governments comments/modalities suggested thereto, have been placed before us. We now proceed to dispose of the applications/petitions.

(2) THE Committee has recommended the rationalisation of the pay scales and payment of honorarium to the Archakas, Potu workers and other religious staff, Sri Pedda Jeeyangar and Sri Chinna Jeeyangar relating to TTD. The governments comment thereon is as under:

"THE recommendation of the Committee is accepted subject to allowing full freedom to revise the cadre strength, emoluments, incentives etc., to be offered to its religious staff depending on the exigency of work, administrative convenience etc."

(3) IT is seen that Ch. XIV is a complete code in that behalf and, therefore, the scales of pay and payment of honorarium to the Archakas, Potu workers, Sri Pedda Jeeyangar and Sri Chinna Jeeyangar would be determined as accepted by the government. In this behalf, the following scales of pay have been given to the Archakas, Potu workers and other officer-holders:

Sl. Designation Pay Scale

No.

1. Pradhana Archaka Rs.4400-160-5200-190-6150-230-7300-280-8700

2. Upa-Pradhana Rs.3310-110-3750-130-440-150-5200-190-6150-230-6840

Archaka

3. Mukhya Archaka Rs.3110-90-3200-110-3750-130-4400-160-5200-190-6150-

230-6380

4. Archaka Rs.2375-75-2750-90-3200-110-3750-130-4400-160-5040

5. Potu Supervisor Rs.3110-90-3200-110-3750-130-4400-160-5200-190-6150-

230-6380

6. Potu Worker Rs.1745-40-1825-50-2075-60-2375-75-2750-90-3200-110-

(Senior) 3420

7, Potu Worker (Junior) Rs.1595-30-1625-40-1825-50-2075-60-2375-75-2750-90-

3020

8. Cleaner Rs.1375-25-1475-30-1625-40-1825-50-2075-60-2375

¿LâfSl. Designation Honorarium

1. Thollappachar Rs. 7500 per annum

2. Sidhanti Rs.5000 per annum

3. Kotikanyakamdar Rs.1116 per annum

4. Acharya Purusha (4 Rs.5000 per annum per family

families)

5. Ratham (6 families) Rs.1116 per each Ratham Festival per each family

6. Thiruchoornalu Rs.9000 in lump sum per annum to all persons performing

this service

7. Dolu Rs.9000 in lump sum per annum to all persons performing

this service

8. Sanna Dolu Rs.9000 in lump sum per annum to all persons performing

this service

9. Divity Rs.9000 in lump sum per annum to all persons performing

this service

10. Flower Tier Rs.9000 in lump sum per annum to all persons performing

this service

Sl. Designation Pay scale or Honorarium

1. Pedda Jeeyangar Honorarium per year subject to revision to be fixed.

2. Chinna Jeeyangar Honorarium per year subject to revision to be fixed.

3. Samaveda Vaidyar Rs.1745-40-1825-50-2075-60-2375-75-2750-90-3200-

110-3420

4. Purohitham Rs.2375-75-2750-90-3200-110-3750-130-4400-160-5040

5. Yamunotharai Rs.1595-30-1625-40-1825-50-2075-60-2375-75-2750-90-

3020

6. Bhashyakarulu Rs.1595-30-1625-40-1825-50-2075-60-2375-75-2750-90-

3020

7. Golla Rs.1595-30-1625-40-1825-50-2075-60-2375-75-2750-90-

3020

8. Thallapakam Rs.2375-75-2750-90-3200-110-3750-130-4400-160-5040

9. Theerthavasi Rs.1595-30-1625-40-1825-50-2075-60-2375-75-2750-90-

3020

10. Bokkasamdar Rs.2375-75-2750-90-3200-110

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