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G. NARENDAR, HARINATH N.
Commissioner Cum Member Secretary of Dharmika Parishad – Appellant
Versus
Raghavendra Swamy Mutt Mantralayam – Respondent
JUDGMENT :
1. This intra court appeal arises from the common order passed by the learned Single Judge in W.P. No. 9641 and 12908 of 2021.
2. The State has filed the appeal challenging the order of the learned Single Judge on the ground that the settled principle of law on equal pay for equal work is not followed. It is the specific case of the State that the learned Single Judge erred in not considering the observations of the Hon’ble Supreme Court in the matter of State of Punjab and Others vs. Jagjit Singh and Others.
3. It is also the case of the state that the Commissioner of Endowments is empowered under Section 8 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 to vest the power to pass any orders to ensure that the Math property is administered properly and the income is spent for the purpose for which the Math was found.
4. The State has introduced certain memos vide No. 36021/32/Endowments-1 (2)/2018-1, dated 04.07.2018 and Memo No. 36021/32/Endowments-1 (2)/2018, dated 05.12.2018. The Special Commissioner and Member Secretary of D.P Endowments Department, addressed a memo vide Rc. No. DP1/25031/3/2020, dated 19.04.2021 to the Manager
The court established that the Commissioner’s powers under the Endowments Act do not allow for interference in the internal affairs of a Math, distinguishing it from a Temple.
The provisions of Sections 50 to 55 of the Act regulate the administration of maths without violating the rights to religious freedom under Articles 25 and 26 of the Constitution.
Employment in religious institutions must be treated equally; tonsuring work is recognized as religious, warranting equal pay and benefits regardless of financial constraints.
The court ruled that the stopping of honorarium payment to the Uttaradhikari was arbitrary and illegal, emphasizing the necessity of adherence to budget allocations under the A.P. Charitable and Hind....
The Endowment Commissioner's appointment of a Fit Person to administer a religious institution was found illegal, undermining the fundamental right to manage religious affairs.
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