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2023 Supreme(Mad) 3069
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
ANITA SUMANTH, R. VIJAYAKUMAR, JJ.
The Executive Officer, Deputy Commissioner, Incorporated and Unincorporated Devaswom, Suchindram, Kanyakumari & Anr. - Appellants
Versus
G.R. Arumugam Pillai & Ors. - Respondents
W.A.(MD) No. 1293 of 2013 & M.P(MD) No. 2 of 2013
Decided On : 25-09-2023
For the Appellant :M. Vivek Kumar for H. Thayumanasamy, Advocate. For the Respondents: R1, R. Murali, R2 & R3, S.P. Maharajan Special Government Pleader.
The classification of temples under the HR&CE Act should not impact the salary structures of employees providing identical services.
Headnote:
Othuvar - Hindu Religious and Charitable Endowments Act - Section 2(20), Section 6(12), Section 6(23), G.O.Ms.No.141 - The judgment discusses the classification of temples under the HR&CE Act, the application of G.O.Ms.No.141 for revision of pay scales, and the disparity in pay for employees providing identical services in different temples.
Fact of the Case:
The Writ Petitioner, an Othuvar in a temple, sought a Mandamus to revise his pay scale. The Court found that the petitioner was entitled to the benefit of G.O.Ms.No.141 and directed the authorities to compute and pay the monetary benefits within four weeks.
Finding of the Court:
The Court found that the petitioner was entitled to the benefit of G.O.Ms.No.141 and directed the authorities to compute and pay the monetary benefits within four weeks.
Issues: Disparity in pay for employees providing identical services in different temples.
Ratio Decidendi: The classification of temples under the HR&CE Act should not impact the salary structures of employees providing identical services. The Court directed the authorities to ensure parity in pay among Othuvars in all temples without reference to the temple's classification.
Final Decision: The Writ Appeal was dismissed, and the directions of the Writ Court were reiterated, with the monetary benefits to be computed and paid over to the writ petitioner within a period of four weeks from the date of receipt of a copy of this order.
JUDGMENT
(Prayer:Appeal - filed under Clause 15 of Letters Patent, to set aside the order dated 15.04.2013 made in W.A.(MD)No.2406 of 2007.)
Dr. Anita Sumanth
1. The Writ Petitioner is an Othuvar. He was appointed on 23.05.1983 in the Arulmigu Azhagamman Temple, Vadeeswaram, Nagercoil (in short ‘Temple’/'Temple in question’), initially on temporary basis, thereafter, made permanent. The Temple comes under the control of the Hindu Religious and Endowments Department (in short ‘HR & CE department’/ ‘department’) and the service rules in connection therewith.
2. His pay was fixed on 03.03.1990 in the scale of 70-4-110-5-160, revised during the year 1993 to 110-10-200-15-230 and during the year 2006 to 600-30-900-250. The Temple was brought under the category of ‘Thunai Kovil’ by proceedings dated 11.10.2006 within the overall management of the Suchindram Devaswom.
3. The definition of ‘temple’ under the Hindu Religious and Charitable Endowments Act, 1959 (in short 'HR&CE Act'/'Act’), is under Section 2 (20) reading as follows:
“(20) “temple” means a place by whatever designation known, used as a place of public religious worship and dedicated to, or for the benefit of, or used as of right by, the Hindu community or of any section thereof, as a place of public religious worship;”
4. Section 6(12) defines ‘incorporated Devaswom’ to mean 'the Devaswoms mentioned in Schedule-I’ and Section 6(23) to mean ‘the Devaswoms mentioned in Schedule-II’. With the passing of The States Reorganisation Act of 1956 and the transfer of territory from Travancore- Cochin to Madras, the Schedules to the Travancore-Cochin Hindu Religious Institutions Act 1950 (in short ‘1950 Act’), relating to incorporated and unincorporated Devaswoms were incorporated in the TN HR&CE Act.
5. In 1974, the Tamil Nadu HR&CE (Third Amendment) Act was passed whereby reference to the 1950 Act was omitted and Schedules I and II inserted in the Tamil Nadu Act listing the incorporated and unincorporated Devaswoms in this Act itself. It is thus that the Act continues to use the term ‘Devaswom’ as a throwback to those days instead of ‘Devasthanam’ more prevalent in this State.
6. The term Devaswom connotes a group that manages several Temples under one umbrella. Under the Schedules to the Act, temples have been classified as major, minor, sub and petty Temples and include Madams and other religious institutions.
7. Under the TN HR & CE Act, all incorporated Devaswoms are set out under Schedule-I. This includes the Suchindram Devaswom which comprises of 93 Temples of which the Temple in question, is part. It is a major Temple. 8. While this is so, G.O.Ms.No.141, dated 21.05.2004 came to be issued providing for revision of scale of pay in respect of various categories of employees in the Temples. The purpose of the revision and the effective date of revision, being 01.07.1997 have been set out in the Abstract to the Government Order, that reads as follows:
9. The Government Order in so far as it relates to Othuvars reads as follows:
10. The Writ Petitioner made a representation seeking revision of his pay scale in terms of the above Order that came to be rejected on 02.03.2005. The request was reiterated before the Commissioner, HR & CE Department, through the Executive Officer of Suchindaram Devasthanam, who recommended the same. After nearly a year, the Commissioner by a proceeding dated 20.09.2006 directed the Executive Officer to promote the Writ Petitioner and one M.Balasubramaniam, also an Othuvar, in line with G.O.Ms.No.141.
11. The Executive Officer, thereafter, by proceeding dated 12.10.2006, proceeded to upgrade/enhance the post of Othuvar fixing the pay scale for the Writ Petitioner and M.Balasubramaniam in the pay scale of 2000-60-2300-65-3200. An undertaking was sought and obtained from the Writ Petitioner to the effect that he would not seek any further benefit in respect of his employment.
12. Since there was no action to implement the order as aforesaid, the
