COMMON ORDER: V.V.S. Rao - Introduction - These cases involve question of power of Commissioner, Deputy Commissioner and/or Assistant Commissioner of Department of Endowments (Department Officers) to suspend a temple employee discharging functions of executive officer (hereafter called, person-in-management (PIM)). Liability of a religious institution1 or temple to pay the salary of PIM who on transfer works in other temple is also another core issue. The reference made by Division Bench disagreeing with the view of another Division Bench in an unreported decision in W.P.No.5736 of 2005 wherein it was held that a PIM shall be deemed to be an employee of Government of Andhra Pradesh (GoAP). The referring bench prima facie opined that in the absence of legislative fiction, temple employees discharging functions of EO cannot be deemed to be employees of Government.

Legal Context

2. Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (the Act, for brevity) regulates administration and governance of religious institutions in the State. Section 153 of the Act empowers GoAP to make Rules for carrying out all or any purpose

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