( 1 ) THIS writ petition has come up before us for disposal on a reference made by our learned brother Parvatha Rao, J. , disagreeing with the view taken by one of us (Sivaraman Nair, J. ,) in W. P. No. 1811/91 in which it was held that the power of the Commissioner of Endowments to make appointments to the posts of Executive Officers is saved by virtue of the provisions of Sec. 155 (2) of the A. P. Charitable and Hindu Religious institutions and Endowments Act, 1987. (for short "the Endowments Act, 1987") our learned brother Parvatha Rao, J, was also of the view that since no rules were framed under Sec. 29, no appointments could be made because there is a vacuum.

( 2 ) IN the writ petition the legality of an order dated 16-10-1989 passed by the Commissioner of Endowments in Rc. No. G3/54514/89 was questioned. In and by the above order, the Commissioner of Endowments appointed the Executive Officer of Sri Laxmi Narayana Swamy Temple, Secunderabad as Executive Officer in full additional charge of Sri Peddamma temple, Jubilee Hills, Hyderabad. The petitioner in the writ petition claims to be the owner of an extent of Acs, 2. 30 cents in which the temple in question is situate and as it is a family temple it, cannot be notified as a religious institution for the purpose of invoking power under the provisions of the Endowments Act, 198. 7. The main debate, it, appears, centered round the interpretation of Sec. 29 before our learned brother Parvatha rao, J. , ;and therefore it is necessary to notice to provisions of Sec. 29. "29. Appointment and duties of Executive Officer (1) The Government may constitute not more than three charitable or religious institutions or endowments each of whose annual income is rupees fifty thousand but does not exceed rupees one lakh into such groups as may be prescribed. (2) For each such group of charitable or religious institutions or endowments there shall be appointed an Executive Officer for exercising the powers and discharging the duties conferred on him by or under this Act. Sub-section (3) of Section 29 after amendment by Act No. 26 of 1990, reads as follows: (3) : The Government may for purpose of this Act, constitute such grade of Executive Officers, prescribing their appointing authorities and authorise them to exercise such powers and discharge such duties as may be prescribed. "provided that twenty percentum of vacancies in each grade of executive Officers shall be filled by the employees belonging to the institutions or Endowments of prescribed grade. . Provided further that, it shall be competent for the Government to appoint a Regional Joint Commissioner, a Deputy Commissioner or an Assistant Commissioner as an Executive Officer (emphasis added)

( 3 ) IN W. P. No. 1811 of 1991 one of us viz. , Sivaraman. . Nair J. , had taken the view that although no rules were framed under sub-section (3) of sec. 29 of the Endowments Act, 1987, the Commissioner, of Eadowments could validly make appointments to the posts of Executive Officers in exercise of his powers under the A. P. Endowments Executive Officers Subordinate service Rules issued by the state Govt. in G. O. Ms. No,. 368, Revenue dated 16-2-1978 in exercise of powers under Sec. 107 r/w. "sub-sec. (5) of sec. 27 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1966 which are saved by virtue of sub-sec. (2) of sec. 155 of the Endowments Act, 1987. With that view the learned Judge (SPR, J. ,) dissented relying upon an earlier decision of a Division Bench of this Court in W. A. No. 644 of 1974 dated 30-6-1976 in which it was held that in the absence of rules, the Commissioner would not exercise power under Sec. 27 of the old Act, 1966 which corresponds to Sec. 29 of the endowments Act, 1987.

( 4 ) WE may atonce state that when W. A. No. 644/74 was-disposed of on 30-6-1976 the rules issued in G. O. Ms. No, 368 dated 16-2-1978 were not ia force. Obviously, because of the absence of rules, th