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Andhra Pradesh High Court
Judges : N.Y.HANUMANTHAPPA, V.BHASKARA RAO
P.S.R.Subrahmanyam - Appellant
Versus
Commissioner of Endowments, A.P.Hyderabad - Respondent
Decided On : 09-02-97
Wakfs Act, 1954 - Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1966 - Andhra Pradesh Charitable and Hindu Religious institutions and Endowments Act, 1987 - Commissioner (1st respondent) in transferring them from one Institution (Temple) to another institution – Challenged - Seeking his retention - Object of Act is to consolidate law relating to administration and governance of Charitable and hindu Religious Institutions in State of Andhra Pradesh - Said Act came into force in State of A. P. with effect from 21-1-1991 vide G. O. Ms.. 43, Revenuepublished in A. P. Gazette, Part-I (Ext - It applies to all public charitable institutions and endowments, whether registered or not, in accordance with provisions of Act, other than Wakfs governed by provisions of Wakfs Act, 1954 - Held, This is a case where petitioner is a patient suffering from cancer so also his wife - Often he has to make trips to Hyderabad for Chemotheraphy etc. , tests - He is of Superintendent cadre - He requests to stay at Vijayawada itself where his kith and kin are with him - He even submitted that if he is not retained in Durgamalleswara Swamy Varla devasthanam, Vijayawada, he may be posted to any other temple coming within jurisdiction of authorities situated in Vijayawada or nearby place by protecting his salary and all other consequential benefits which he is entitled to - Deserves to be retained either at Vijayawada or nearby place purely on humanitarian grounds - If petitioner submits a representation to Commissioner for seeking his retention either at vijayawada or at nearby place on health grounds, his case be considered sympathetically - Writ Petitions dismissed.
( 1 ) AS the question to be considered in all these Writ Petitions is one and the same, they are clubbed together and disposed of by a common order.
( 2 ). The petitioners challenged the competency of the Commissioner (1st respondent) in transferring them from one Institution (Temple) to another nstitution in the State of Andhra Pradesh on the ground that such transfers are illegal and without jurisdiction. The following is the list submitted by the petitioners with regard to their transfers. Sl. No.
W. P. NO.
Petitioner Name
Working in
Transferred to
By Proceeding No.
1.
W. P. No. 11835/97
P. S. R. Subramanyam
Sri Durgamalleswara
Swamy varla Devasthanam,
Vijayawada
Simhachalam
Rc. No. A1/
24393/97-31,
dt. 7-6-97.
2.
W. P. No. 13638/97
P. Veera bhadrarao
"
"
Rc. No. A1/
24393/97-4,
dt. 7-6-97.
3.
W. P. No. 13655/97
C. Durga
Prasad
"
"
Rc. No. A1/
24393/97-63,
dt. 7-6-97.
4.
W. P. No. 13657/97
K. Rama
Rao
"
Annavaram
Rc. No. A1/
24393/97-39,
dt. 7-6-97.
5.
W. P. No. 13660/97
M. Tirumaleswararao
"
Simhachalam
Rc. No. A1/
24393/97-65,
dt. 7-6-97
6.
W. P. No. 13662/97
P. Prasada
Rao
Rc. No. A1/
24393/97-103,
dt. 7-6-97.
7.
W. P. No. 13664/97
G. V. Prasad
Annavaram
Rc. No. A1/
24393/97-71,
dt. 7-6-97.
8.
W. P. No. 13667/97
P. Gopi
Simhachalam
Rc. No. A1/
24393/97-106,
dt. 7-6-97.
9.
W. P. No. 13668/97
V. Suryanarayana
Murthy
"
Rc. No. A1/
24393/97-109,
dt. 7-6-97.
10.
W. P. No. 13696/97
Ch. Mallikarjuna
Rao
Annavaram
Rc. No. A1/
24393/97-74,
dt. 7-6-97.
11.
W. P. No. 14544/97
B. Gopichand
Sri Kanaka
Mahalakshmi
Ammavari
Devasthanam,
Visakhapatnam
Sri M. S. N.
Charities,
Kakinada,
E. G. Dt.
Rc. No. B2/
30098/97-17,
dt. 8-6-97.
12.
W. P. No. 14608/97
V. Rambabu
Sri
Pydithalli
Ammavari
Temple,
Vizianagaram
Rc. No. B2/
30098/97-21,
dt. 8-6-97.
( 3 ) IN answering the above contention either in affirmative or negative, it is appropriate to narrate a few facts as given in the affidavit and counter- affidavit of the Writ Petitions and also some of the provisions of the Act which are governing the issue involved and the authoritative pronouncements on such issue. The law which governs the contentions raised in these Writ petitions are - Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1966 (for short, Act 1966/old Act) and the Rules framed thereunder and the Andhra Pradesh Charitable and Hindu Religious institutions and Endowments Act, 1987 (for short, Act 1987/new Act ). Act 1966 was repealed by Act 1987. The object of the Act is to consolidate the law relating to the administration and the governance of the Charitable and hindu Religious Institutions in the State of Andhra Pradesh. The said Act came into force in the State of A. P. with effect from 21-1-1991 vide G. O. Ms. No. 43, Revenue, dt. 18-11-1991 published in A. P. Gazette, Part-I (Ext.) dt. 21-1-1991. It applies to all public charitable institutions and endowments, whether registered or not, in accordance with the provisions of the Act, other than Wakfs governed by the provisions of the Wakfs Act, 1954. As Explanation to Section 1 of the Act "public charitable institutions and endowments" defines that they shall include every charitable institution or endowment the administration of which is for the time being vested in any department of government, or Civil Court, Zilla Praja Parishad, Municipality or Local authority, or any company, society, organisation, institution or other person; all Hindu public religious institutions and endowments whether registered or not in accordance with the provisions of the Act. On the basis of G. O. Ms. No. 201, dt. 12-2-1982,eight temples in the State are classified as one unit/ category. The following are the eight temples: "1. Sri Varaha Lakshminarasimha Swamy Devasthanam, Simhachalam. 2. Sri Veera Venkata Satyanarayana Swamy Devasthanam, Annavaram. 3. Sri Durga Malleswara Swamy Devasthanam,vijayawada. 4. Sri Bhramaramba Mallikarjuna Swamy Devasthanam, Srisailam. 5. Sri Venkateswara Swamy Devasthanam, Dwaraka Tirumala. 6. Sri Seetharamachandra Swamy Devasthanam, Bh
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