Direction given to formulate scheme of pension for those who are servants of the temple.

1. Originally, the Writ Miscellaneous Petition was disposed of as the respondents in the writ petition, inspite of several adjournments and enough time having been granted, did not file any counter. In fact, on 31.7.1998 time was granted for filing counter by four weeks. Again, on 28.8.1998 further time was granted by two weeks. On 15.10.1998 matter was finally adjourned by four weeks for filing counter. Even after that there was no counter filed and on 12.11.1998 the following order came to be passed:

"Inspite of several adjournments for filing counter, till date no counter has been filed. Accepting the allegations made in the petition for direction, there will be an order as prayed for in the direction petition."

The direction petition was for grant of pension to the members of the first petitioner/Sangam pending disposal of the main writ petition. Thereafter, the respondents woke up and came up with an application for review in RA.No.60 of 1998. The Review Application as well as the main writ petition were taken up by consent for decision. (the reference is as per the rank or nomenclature in the writ petition.)

2. Thefirst petitioner/Sangam is a Trade Union, represented by its Secretary, and the second petitioner is a member of the first petitioner/Sangam. The prayer is for a certiorarified mandamus to call for the records relating to the order of the second respondent in O.Mu.No.73013/96-II, dated 10.10.1996, quash the same, and to direct the respondents to grant pension to the members of the first petitioner/Sangam including the second petitioner as granted to the Archakas and Village Temple Poojaries.

3. Theallegations in support of the writ petition are as follows: The petitioner/Sangam is a registered Trade Union. The Accountants, Clerks, Record Clerks, Typists, Peons, Archakas, Maniam, Parisaragar, Madapalli, Kaliyachi, General Assistants, Florists, Odhuvaar, Day and Night Watchmen, Pattuppartuthi and Erangkollivannan, who are all the employees of temple in Ambasamudram Taluk, are the members of the first petitioner/Sangam. These employees have no specific working hours and their duties and responsibilities, apart from being onerous, have religious sanctity attached to them. For their jobs, they take only the salary and no additional remuneration is paid to them. Their salary is paid from and out of the funds of the temple with the prior approval of the second respondent. Their service is non-pensionable and their conditions of service are governed by the provisions of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, thereinafter referred to as the Act, and the Rules framed thereunder. Since they are not paid any pension after their retirement, these servants find it difficult to maintain themselves. The first respondent, by G.O.Ms.346, Commercial Taxes and Religious Endowment Department, dated 1.10.1992, decided to sanction pension of Rs.300 per mensem to those archakas who had retired from service on attaining the age of 60 and who had served for over 20 years in any of the temples in Tamil Nadu. It is mentioned in the Government Order that the institution of Archakas literally means those who have traditionally inherited the reciting of Vedas and Agamas in the sanctum sanctorum of the temples at Kalapoojas and who have the proficiency and rich experience in reciting Vedas and Agamas and conducting various yagams, homams, and kumbabishekams. It is mentioned in the Government Order that the Government has decided to grant pension in order to preserve, protect and promote the tradition of archakas and to give encouragement to the persons who have been carrying on this ancient, lofty tradition. A scheme was formulated and termed as Tamil Nadu archakas Pension Scheme, 1992 thereinafter referred to as the Pension Scheme, 1992 and in terms of Rule 4 of the said Scheme, a Sanction Committee has to be constituted and the second respondent as the Chairman is to receive application in the pr