The appointments made in violation of prescribed procedures and regulations were deemed arbitrary and irregular, leading to the court's direction to adhere to the circular dated 4.8.1995 and fill up the vacancies in accordance with the rules and regulations.

The petitioner has prayed for a Certiorarified Mandamus to call for the records relating to the orders of the first respondent dated 21.8.1996, 5.9.1996 and 14.10.1996, to quash the same and to direct the first respondent to appoint eligible candidates who are employees of the temples and the members of the petitioner-Union in strict conformity with the earlier circulars of the first respondent and circular dated 4.8.1995.

2. The petitioner in this writ petition is a Trade Union registered under the Trade Unions Act and recognised by the Government of Tamil Nadu. It has branches all over the State. According to the petitioner Union, in the matter of filling up of vacancies in the various temples under the control of the H.R. & C.E. Department, as there was no uniform procedure, the Commissioner had issued various circulars dated 7.2.1989, 22.5.1992, 16.6.1993, 15.3.1995 and 4.8.1995. According to the petitioner, the following are the salient features of the guidelines:

(i) The Executive Officers were directed to call for applications from all eligible employees of all the temples and by displaying the same prominently in the notice board of the temple and a minimum of one month notice.

(ii) Proof of such publication in all the temples in every region had to be obtained by the concerned Deputy Commissioner or the Joint Commissioner as the case may be.

(iii) Copies of the notices calling for application should be published in the office of the concerned local authority and Government Offices as well as District Employment Office.

(iv) The applications so received have to be registered and the applicants have to be called for oral interview before the concerned Executive Officer or the Trustee.

(v) After awarding marks to the candidates, the list of eligible candidates has to be prepared and forwarded to the Commissioner with the recommendations of the interviewing authority.

(vi) Appointments have to be made only after the approval of the first respondent.

It was also ordered that any vacancies and new posts in senior grade temples, employees of the temples other than senior grade temples have to be first considered and copies of the publications calling for applications have to be communicated to the petitioner union.

3. It is further stated that the employees of the temple are paid from and out of the funds of the temple and as there was no uniformity in the scale of pay between smaller posts in the various temples, several representations were made by the Unions. The Commissioner had issued circulars to fill up vacancies which arise in temples by calling for applications from all the employees in the region with a view to provide employment opportunities with better service conditions. The first respondent had also issued a circular on 20.7.1992, directing strict adherence to the circulars by all the Executive Officers and that while filling up vacancies arising in any temple, first preference has to be given to the staff working in that particular temple on the basis of seniority. The petitioner-Union contends that the said circular dated 20.7.1982 has not been rescinded or modified.

4. However, according to the petitioner, in the recent past, particularly in the filling up of the posts in the second and third respondent temples, vacancies were being filled up in violation of the said procedure. The second petitioner, claiming to be a member of the Union, alleges to be aggrieved by such improper selection and appointment. It is stated that on 31.12.1994, the second respondent had called for applications for filling up of vacancies in eight categories of posts in the second respondent temple. The said notice was published in the temple notice board and the petitioner had applied for the post of Maniam and Record Clerk by application dated 13.4.1995 in the scale of pay of Rs.725-15-1130. He was possessed of the requisite educational qualification as well as age-wise. He had also mentioned that he was working as a Clerk