1. This Writ Petition has been filed by petitioners assailing proceedings No.TS3/18528/AEO(G)/2010 dt.27-06-2018 issued by the Tirumala Tirupathi Devasthanam (for short “TTD/2nd respondent”).

2. Archakatvam in the Sri Padmavathi Ammavari Temple, Tiruchanoor was being done for generations together by members of four families i.e. (1) M.G. Chari family, (2) A.B. Govindachari family, (3) A.C. Chakravarthi and his son A.V.V. Srinivasan family and (4) N.V. Krishnaswamy family in accordance with the custom, usage and tradition and they would perform daily rituals and other kainkaryams in the Temple.

3. Late A.B.Gopalacharyulu and late M.G.Chari were admittedly hereditary Archakas/Mirasidars of the above Temple prior to 1987 and had been working till 1997.

4. The 1st petitioner is the son of late A.B. Gopalacharyulu and member of A.B. Govindachari family and the 2nd petitioner is the son of late M.G. Chari. They are aged 66 years and 68 years respectively. So petitioners belong to the families of erstwhile hereditary Archakas/Mirasidar Archakas.

5. The petitioners were appointed as Sambhavana Archakas in Sri Padmavathi Ammavari Temple, Tiruchanoor vide proceedings Roc.No.TS3/28151/AEO(G)/1987 dt.10-02-2006 of the Executive Order of the TTD.

6. By the impugned order, the Executive Officer of the TTD, following Rule 12(2) of T.T.D. Employees Service Rules,1989, which were framed vide G.O.Ms.No.1060 Revenue (Endts. I) Department dt.24-10-1989 and a Trust Board Resolution of the 2nd respondent No.50 dt.16-05-2018, directed that petitioners had attained 65 years of age, and they should be retired from service as Sambhavana Archakas in the above Temple with immediate effect.

7. This action of the TTD in treating petitioners as employees of the TTD and applying to them the Service Rules of it’s employees which provide superannuation at 65 years of age, is assailed in this Writ Petition.

BACKGROUND FACTS

POSITION OF HEREDITARY ARCHAKAS PRIOR TO 1966 TILL 1987

8. It is pertinent to note that the erstwhile Madras Charitable and Hindu Religious Institutions and Endowments Act,1951 or the A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1966 (Act 17 of 1966) had maintained the custom, usage and honours that hereditary archakas were entitled to.

9. Initially, their services were governed by Tirumala Tirupathi Devasthanams Hereditary Servants Rules, 1956 notified vide G.O.Ms.No.2035, Education and Endowments dt.01-09-1956 framed under the Madras Charitable and Hindu Religious Institutions and Endowments Act, 1951 which prescribed that every hereditary servant shall be a married person more than 25 but less than 65 years of age who is physically fit and not bodily disabled or maimed.

POSITION OF HEREDITARY ARCHAKAS AFTER ACT 30 OF 1987 TILL 1997

10. But the A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987 (Act 30 of 1987) abolished hereditary rights of Mirasidars, Archakas and other Office holders and servants in Section 34 of the Act. It stated :

“34. Abolition of hereditary rights in Mirasidars, Archakas, and other office holders and servants:

(1) (a) Notwithstanding anything in any compromise or agreement entered into or scheme framed or sanad or grant made or judgment, decree or order passed by any Court, Tribunal or other authorities prior to the commencement of this Act and in force on such commencement, all rights, whether hereditary, contractual or otherwise of a person holding any office of the Peddajeeyanagar, Chinna Jeeyangar, a Mirasidar or an Archaka or Pujari or any other office or service or post by whatever name it is called in any religious institution or endowment shall on the commencement of this Act stand abolished.

(b) Any usage or practice relating to the succession to any office or service or post mentioned in clause (a) shall be void :

(c) All rights and emoluments of any nature in cash or kind or both accrued to and appertaining to any office or service or post mentioned in clause (a)