Holding

The Court upheld the constitutional validity of the Act, approved the State's exemption of low‑income temples, affirmed delinking of Archakas' pay from government scales, and directed implementation of the Committee's recommendations.

Summary

The petitioners sought review of the State Government's acceptance of a Committee's recommendations under the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 concerning classification of temples, remuneration and cadre strength of Archakas, and related administrative measures. The Supreme Court examined whether the Act's provisions, including the power to exempt low‑income temples under Section 154, the delinking of Archakas' pay from government scales, and the amendment of Section 144 to allow land retention, were constitutionally valid, particularly in view of Article 27 of the Constitution. The Court upheld the constitutional validity of the Act, affirmed the State's authority to exempt temples with income below Rs 5 lakh, and accepted the delinking of Archakas' salaries from government pay‑scales, noting the need to link remuneration to temple income. It approved the Committee's recommendations on pay‑scale rationalisation, cadre strength, temporary festival staff, and the establishment of training schools, directing the Government to implement them. Consequently, the petition was dismissed and the orders of the Court were affirmed.

Issues considered

The State Government's power to exempt low‑income temples from the provisions of the Act under Section 154.
Whether Archakas can be treated as government servants for the purpose of pay‑scale parity.
Constitutionality of delinking Archakas' remuneration from government scales under Article 27.
Validity of the Committee's recommendations on cadre strength, pay‑scales, and related administrative measures.
Permissibility of amending Section 144 to allow retention of land by Archakas as remuneration.

Legislation cited

Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987s. 144, s. 152, s. 154, s. 34, s. 5, s. 57, s. 6, s. 65

Subjects

temple administrationArchaka remunerationendowment actpay scale rationalisationconstitutional validityArticle 27exemption of low‑income templescadre strengthreligious institutionssecular staff

Judgment

SRI DIV! KODANDARAMA SARAM AND ORS. A
v.
STATE OF ANDHRA PRADESH AND ORS.

MAY 9, 1997
B
[K. RAMASWAMY AND D.P. WADHWA, JJ.]

Andhra Pradesh Charitable and Hindu Religious Institutions and En-
dowments Act, 1987: Sections 6, 34, 5::Z, 65, 144, 152 and 154.

Hindu law-State of Andhra Pradesh-Temples--Direction by Supreme C
Court for constituting Committees for (i) detennination of temples which are
assessable institutions and the income being derived by them (ii) rationalisa-
tion of scales of pay scales of Archakas and other officers; and (iii) Constitu-
tion of a pennanent fund and income arising therefrom to be distributed
amongst Archakas-Recommendations made by respective Committees-Ac- D
ceptance by Government with and without modifications-Approval by
Supreme Court.

While upholding the Constitutional validity of various provisions of
the Andhra Pradesh Charitable and Hindu Religious Institutions and
Endowments Act, 1987* this Court directed the State Governments to E
constitute committees to determine the number of temples which were
assessable institutions and the income being derived by them; (ii) to
consider rationalisation of scales of pay and modality for payment of
salary to Archakas and other officers as well as their rehabilitation be-
cause of abolition of their hereditary right to appointment; (iii) to con- F
stitute a permanent fund and the income derived from it by way of interest
be distributed amongst the Archakas and servants of the temple by way of
welfare measures; (iv) to work out the amounts paid pursuant to the
interim directions and to adjudge the final liabilities. Pursuant to the
directions given by this Court respective Committees were constituted G
which went into the questions and submitted the reports to the Govern-
ment for approval. The Government have accepted the recommendations,
some in toto and some of them subject to riders/suggestions/modifications
and in turn submitted the same to this Court for approval.

Disposing of the petitions, this Court H
341
342 SUPREME COURT REPORTS [1997] SUPP. 1 S.C.R.

A HELD: 1. The Committee has recommended that the temples whose
annual income is less than Rs. 5 lacs may be allowed to be managed by the
respective management of the temples etc. but be supervised by the Depart-
ment as is being now done so that the management of such temples may
be allowed to pay such remuneration to the Archakas. In lieu of salary, the
properties given to them may be retained by the Archakas for enjoyment
B subject to rendering service depending upon the income of the respective
temples as per the prevailing circumstances. A sizeable part of the temples
would come within that category and, therefore, the Government has
accepted the classification with the rider that temple with such abnormally
low income may be left to spend for themselves. The recommendation of
C the Committee has rightly been accepted by the Government. It would be
open to the State Government to issue a notification under Section 154 of
the Act exempting such institutions from the purview of the provisions of
the Act. (347-C-G]

D 2. The Committee recommended the payment of remuneration to the
Archakas in all the temples to be made on a priority basis as the first
charge. It has also recommended that in all such temples where the income
is considerably low, especially in the case of temples classified under Sec-
tion 6(c), the payment to secular staff should be gradually minimised so as
to ensure that the expenditure on the establishment should be limited to
E 30% as provided under Section 57 of the Act. The recommendation as to
gradual reduction of the secular staff employed in the aforesaid institutions
is a welcome suggestion. Also the suggestion for gradual reduction of
secular staff is quite reasonable so that the management and upkeep of the
religious institutions, temples or endowments would remain within the
·F budgetary provisions and that they could properly, effectively and efficiently
be managed and maintained. All possible steps should be taken to exempt
such temples from the purview of section 144 of the Act. (347-H; 348-A; F-G]

3. Committee's recommendation regarding fixation of the cadre
strength of Archakas for each temple solely on the basis of the income has
G l!een qualified by suggestion with reference to other factors such as the
types of rituals, festivals to be performed in each temple; the number of
pilgrims who visit the institutions and other local considerations. The
division of the cadre strength in these groups has been accepted but with
the suggestion that "the cadre strength suggested based on the income if
H to be treated as a ceiling and as an enabling provision for limiting the
D. KODANDARAMASARAMv. STATE 343
..... secular staff within the level suggested, if any reduction in employment is A
contemplated, it should apply both to the secular and religious staff, it is
desirable to have a provision to retrench the staff in the event of income
falling drastically." There appears to be a misconception on the part of the
counsel for the Archakas when it is contended that the suggestion made
by the Committee for grouping is not correct and the Archakas cannot be B
treated as Government servants. The Archakas owes their appointment to
the institution, though, earlier, it was hereditary. On abolition of
hereditary rights, he remaiµs to be an employee like other secular staff of
the temple. As a result, his rendering duties of performing rituals,
ceremonies as an ·Archaka is different from his status as an Archaka.
Therefore, though he is not treated like a Government servant, he is now C
treated on par with the secular staff of the temple. As suggested, in case
of fall in the income necessarily the retrenchment is required to be resorted
to even in respect of the religious staff. Accordingly, it is directed that the
Government with the consultation of the ·commission of Endowment
Department should carefully look into the matter and evaluate from time D
to time and take appropriate decision as regards the increase or reduction
in the cadre strength of the religious staff. [349-C-H; 350-A-B]

4. The Committee has suggested rationalisation of the pay-scales and
also fixation of the cadre strength in respect of Section 6(a) and Section
6(b) temples/institutions subject to the principles indicated in the report. E
In this regard the Government has stated that "parity between the pay
scales and allowances of the staff of the Endowment Institutions and the
Govt. need not be established. Any such parity will not be rational as the
scales of pay and allowances of the staff of Endowment Institutions are
determined by their income and there cannot be any automaticity in the F
increase of their pay and allowances, as and when Govt. revises pay
structure to their employees. It is desirable to delink and design separate
service rules and packages of emoluments to suit the Endowments to suit
the Endowment Institutions." Accordingly, the Committee has rightly
devised pay scales and other allowances with the changed nomenclatures
of five categories of Archakas. [350,C; 351-C-D] G

5. There is no force in the contention for the Archakas that the
Government was not right in delinking them from the Government scales.
The payment of the salary to the Government servants depends upon
diverse factors like cost of index etc. Article 27 of Constitution prohibits H
344 SUPREME COURT REPORTS [1997] SUPP. 1 S.C.R.

A spending of any expenses for promotion or maintenance of any particular
religious or religious denomination from out of the funds flowing from the
public exchequer. Resultantly, constitutional prohibition stands in the way
of extending to the Archakas and other office holders such benefits as are
granted to the Government servants. Secondly, the salary has a linkage
B with the income derived by the charitable or religious institutions or
endowments. Therefore, the salary and other allowances, subject to cadre
strength, are required to be maintained and cadre strength is required to
be rationalised based upon the income. In a case where employees of
religious staff had to be retrenched conversely on increase of income in
any subsequent year or years, the retrenched staff should be re- employed •
C in the order of their seniority, i.e. following the principle of "first go, first
come", and continued within the budgetary provisions accordingly.
(352-G-H; 353-A-B] •
6. The Committee's recommendation that in respect of the institu-
tions falling under Section 6(c), whose annual income is below Rs. 15,000
D the lands in the possession of Archakas may be retained in lieu of
remuneration as a condition for rendering service5, after making neces-
sary amendments to Section 144 of the Act has been accepted by the
Government. The stand taken by the Government in this behalf is quite
reasonable. Permission is granted to the Government to bring about a
E suitable amendment to Section 144. (353-C-E]

7. The Committee suggested that the case of Mutts should also be
taken into consideration for the purposes of fixation of the cadre strength,
rationalisation of pay-scales of the Archakas by taking them within the
range of income groups as in the case of temples. It has been accepted with
F the rider that "the cadre strength for mutts is to be determined on a case
to case basis as in the case of other religious institutions, taking all the
parameters like income, activity level, the actual needs of the mutt etc.,
account." The acceptance of the recommendation by the Government,
subject to the rider is quite reasonable. (353-F-H; 354-A]

G 8. The Committee has suggested employment of additional staff at
the time of conduct of Brahmotsavams or special festivals in the temples.
The Government has accepted the said recommendation with the rider that
"such casual employment shall not confer any right for future employment
on the Archakas who are engaged for a specific festival." Each religious
H institution, endowment, temple or mutt is directed to maintain a list of
D.KODANDARAMASARAMv. STATE 345

casual Archakas employed for special festivals conducted in the respective A
temples. They would be entitled to remuneration for the days on which they
render service on these special occasions. [354-C-DJ

9. As regards the payment of remuneration, the Committee has
recommended that the modality for payment of remuneration to the Ar·
chakas should be strictly on the same system as in the case of payment of B
salary to the secular staff as is being done now. The Government has
accepted the above sugges~ion in toto. It being a reasonable recommenda·
tion the same is approved. [354-H; 355-A]

10. The Committee's recommendation for conduct of annual ex- C
aminations for appointment as Archakas in the respective Agamas so that
the Archakas would get acquainted themselves with, and improve their
excellence in, recitation of the Shlokas etc. has been accepted by the
Government. Accordingly, the Government has directed to establish
schools in three different regions to give training to the Archakas and
conduct examination on annual basis as per the-orders of the Government. D
The said recommendation is approved. [355-E-F]

*A.S. Narayana Deekshitu/u v. State of A.P. & Ors., [1996) 9 SCC 548,
referred to.

CIVIL ORIGINAL JURISDICTION : I.A. No. 3 E

IN

Writ Petition No. 696 of 1987.

(Under Article 32 of the Constitution of India.) F

D.D. Thakur, P.P. Rao, Hardev Singh, Dr. Gauri Shankar, C.
Mukund, T.V. Ratnam, B. Kanta Rao, K. Ram Kumar, C.
Balasubramaniam, Ms. Asha Nair, V. Balaji, N. Ganpathy, A.T.M. Sam-
path, Ms. Madhu Moolchandani, S. Markandeya, Mrs. Chitra Markandeya, G
Ms. Meenakshi Aggarwal, A. Subba Rao, A.D.N. Rao, V. Balachandran
?'~ Jain Hansaria & Co., P.N. Ramalingam, B. Parthasarthy, Y.P. Rao, Ms.
~ · Sadhana Ramachandran, Ms. B. Sunita Rao and Ms. H. Wahi for the
appearing parties.

The Judgment of the Court was delivered by H
346 SUPREME COURT REPORTS [1997] SUPP. 1 S.C.R.

A K. RAMASWAMY, J. These applications are sequential to the Judg-
ment rende'red by this Court in A.S. Narayana Deekshitulu v. State of A.P.
& Ors., [1996] 9 SCC 548. Therein, while upholding the constitutionality of
various provisions, in particular, Sections 34 and 144 of the Andhra
Pradesh Charitable and Hindu Religious Institutions and Endowments Act,
1987 (30 of 1987) (for short, the 'Act'), in paragraph 132 of the judgment,
B this Court mentioned about total number of temples and of the temples
which are assessable institutions and the income being derived by them. It
observed that the said information was furnished for the first time in the
written arguments after the arguments had concluded and judgment was
reserved; accordingly, it directed the State Government to look into the
C same and take a decision in that behalf by constituting a Committee of
officers enumerated therein. In paragraph 133, this Court mentioned that
hereditary right to appointment as an Archaka or other officers was
abolished and that holders thereof were required to be rehabilitated and
given regular scales of pay and comforts. Accordingly, the Committee was
D directed to go into the question of rationalisation of their scale of pay and
the modality for payment of salary to them and to send its recommenda-
tions to the Government for necessary approval. The Government was
directed to consider them, have decision taken and to submit its report to
this Court for further approval/directions, if necessary. Similarly, in para-
graph 135, a permanent fund was directed to be constituted and the income
E derived from it by way of interest was directed to be distributed among the
Archakas and servants of the temple by way of welfare measures. For that
purpose, a scheme was required to be framed. The composition of the
Committee was also indicated therein. Similar direction was given to work
out the amounts paid pursuant to the interim directions and to adjudge the
F final liabilities as indicated in paragraph 136. In para 138, it was held that
"it would be open to the Executive Officer of TTD etc. to work out the
payments made to the Archakas, mirasidars and gamekars etc. and also the
rights consistent with the law and would take action accordingly".

in furtherance thereof, respective Committees came to be constituted
G which went into the questions and have submitted the reports to the
Government for approval. The Government have accepted the recommen-
dations, some in toto and some of them subject to riders/sugges-
-, tions/modifications. A welfare scheme has also been formulated details of
which will be dealt with at an appropriate stage. Suffice it to state that
H practically the Government have also agreed to the major part of the
D.KODANDARAMASARAMv. STATE[K.RAMAsWAMY,J.) 347

recommendations as suggested by this Court in the judgment. After hearing A
the learned counsel on both sides, we now proceed to dispose of the IAS
and the Transfer Petitions/Cases.

Section 6 of the Act classifies the charitable or religious institutions
and endowments and other Mutts on the basis of the income and its B
calculation under Section 65. Section 6( a) institutions are those whose
income exceeds Rs. 5 lacs and above per annum; Section 6(b) institutions
are those whose income exceeds Rs. 50,000 but is less than Rs. 5 lacs; and
Section 6( c) institutions are other than those covered under clauses (a) and
(b). The Committee has gone into this aspect, in the light of the directions
issued and has recommended that the temples whose annual income is less c
than Rs. 5 lacs may be allowed to be managed by the respective manage-
ment of the temples etc. but be supervised by the Department as is being
now done so that the management of such temples may be allowed to pay
such remuneration to the Archakas. In lieu of salary, the properties given
to them may b~ retained· by the Archakas for enjoyment subject to render- D
ing service depending upon the income of the respective temples as per
the prevailing circumstance. We are informed that a sizeable part of the
temples would come within that category and, therefore, the Government
has accepted the classification with the rider : "Temple with such abnor-
mally low income may be left to spend for themselves". The recommenda- E
tion of the Committee has thus been accepted by the Government. Under
Section 154 of the Act, the Government by a notification may exempt from
the purview of any of the provisions of the Act or any of the rules made
thereunder (a) any charitable institutions or endowments administration of
which was or is for the time being vested in the Government either directly
F
or through the Committee or a Treasurer endowment appointed for the
purpose or the Official Trustees or the Administrator General etc. Any
institution or endowment be exempted and may likewise vary or cancel
such exemption. In view of the above provision, it would be open to the
State Government to issue a notification published in the official Gazette
exempting such institutions subject to the above recommendation and such G
orders as may be mentioned therein or deemed appropriate.

The Committee considered the payment of remuneration to the
Archakas in all the temples to be made on a priority basis as the first
charge and, therefore, the recommendation came to be made accordingly. H
348 SUPREME COURT REPORTS [1997] SUPP. 1 S.C.R.

A It has also suggested that in all such temples where the income is consid-
erably low, especially in the case of temples classified under Section 6( c),
the payment to secular staff should be gradually minimised so as to ensure
that the expenditure on the establishment should be limited to 30% as
provided under Section 57 of the Act. Section 57 of the Act falls in Chapter
B VII titled "Budget, Account and Audit". Sub-section (1) thereof enjoins the
preparation of annual budget of every charitable or religious institution or
endowment. It has to be prepared within the time frame of 90 days before
the close of every financial year. The same has to be submitted in the
prescribed form to the competent authority specified in classes (i) to (iii)
of sub-section (1) and approval thereof by the competent authority. But
C proviso to Section 57(2)(vi) envisages as under :
"Provided that in the case of an institution or endowment whose
annual income is no less than Rs. 1 lakh, the provision made under
this item shall not be less than 30 per centum of the balance of
the income for the financial year remaining after making provisions
D for items (i) to (iv) mentioned therein."

Thus, the recommendation as to gradual reduction of the secular
staff employed in the aforesaid institutions is a welcome suggestion. The
Government equally has accepted the suggestion as under :
E "The suggestion to reduce the secular staff gradually is accepted.
For this purpose, the future vacancies that arise due to retirement
etc. should not be filled up till the level of the establishment is
brought within acceptable limit".

F Accordingly, the suggestion for gradual reduction on secular staff is
quite reasonable so that the management and upkeep of the religious
institutions, temples or endowments would remain within the budgetary
provisions and that they could properly, effectively and efficiently be
managed and maintained. All possible steps should be taken to exempt
such temples from the purview of Section 144 of the Act. The Government
G has, therefore, considered this suggestion as feasible and accordingly ac-
cepted the same. As seen, constitutionality of Section 144 has already been
upheld but as mentioned in the judgment, in respect of certain class of
temples, the necessary material was placed before this Court in the written
submissions after conclusion of the arguments and not during the course
H of the arguments. Consequently, direction was given to the Government to
D.KODANDARAMASARAMv. STATE[KRAMASWAMY,J.] 349

look into the matter. Under these circumstances, the Committee has made A
-~
the above recommendation and the Government had accepted the same.
In the light of the power, the Government have to exempt under Section
152 of the Act, the Government is given liberty to issue a notification and
exempt such classified temples, as suggested by the Committee, from the
purview of Section 144 of the Act.
B
The Committee has deliberated upon the modality and the extent of
the pay-scales to be granted to the Archakas, their cadre strength in each
temple. For this purpose, they have divided the temples into three groups
and in respect of temples whose income is more than Rs. 50,000 but does
not exceed Rs. 5 lacs, the recommendation made is indicated in the report. c
The response of the Government is that "regarding fixation of the cadre
strength for each temple solely on the basis of the income as recommended
by the Committee is to be qualified by suggestion with reference to other
factors such as the types of rituals, festivals to be performed in each temple;
the number of the pilgrims who visit the institutions and other local
D
considerations have to be taken into consideration in fixing the cadre /

strength. The division of the cadre strength in these groups as indicated in
the report, has been accepted but with the suggestion by the Government
as under:

"The cadre strength suggested based on the income, if to be treated E
as a ceiling and as an enabling provision for limiting the secular
staff within the level suggested, if any reduction in employment is
contemplated, it should apply both to the secular and religious
staff, it is desirable to have a provision to retrench the staff in the
event of income falling drastically." F

It is contended for the Archakas that the suggestion made by the
Committee for grouping is not correct and they cannot be treated as
Government servants since this Court has already found that the rendering
service by the Archakas is integral part of religious service, though the
Archakas are not part of the religious service. Therefore, they cannot be G
tagged with the status of Government servant. There appears to be a
misconception on the part of the counsel for the Archakas. It is already
held that the Archakas owes their appointment to the institution, though,
earlier, it was hereditary. On abolition of hereditary rights, he remains to
be an employee like other secular staff of the temple. As a result, his H
350 SUPREME COURT REPORTS [1997] SUPP. 1 S.C.R.

A rendering duties of performing rituals, ceremonies as an Archakas is
different from his status as an Archakas. Therefore, though he is not
treated like a Government servant, he is now treated on par with the
secular staff of the temple. As suggested, in case of fall in the income
necessarily the retrenchment is required to be resorted to even in respect
of the religious staff. Accordingly, we direct the Government with the
B consultation of the Commission of Endowment Department to carefully
look into the matter and evaluate from time to time and take appropriate·
decision as regards the increase or reduction in the cadre strength of the
religious staff.

C The Committee has suggested rationalisation of the pay-scales and
aiso fixation of the cadre strength in respect of Section 6( a) and Section
6(b) temples/institutions subject to the principles indicated as under :

"(a) The pay scale of the Archakas should be on par with the
scales applicable to the Government employees of the similar
0 cadre;

(b) The procedure of giving of 8 years and 16 years benefit of
pay scales should be made applicable to the Archakas who
are on regular time scales as is being extended to the Govern-
ment employees;
E
(c) In cases where the existing cadre strength is less than the
cadre strength now fixed by the Committee, the existing cadre
strength should be continued and it should not be enhanced;

(d) In cases where the existing cadre strength is more than the
F cadre strength now fixed by the Committee, the Executive
Authorities of the concerned temples should continue the
remaining Archakas with the existing emoluments till they are
accommodated in the vacancies caused due to retirement or
otherwise and thereafter all such posts should be abolished.
G
(e) As and when the income of a temple .decreases, the cadre
strength also should be correspondingly decreased in the
respective income groups.

(t) The pay scales, D.A., H.R.A., C.A. and other allowances
H which are made applicable to the corresponding posts in
D.KODANDARAMASARAMv. STATE(KRAMASWAMY,J.] 351

Government services should be made applicable to the posts A
in the cadre strength of the Archakas recommended by the
Committee."

The Government after considering this proposal has stated as
under:
B
"Parity between the pay scales and allowances of the staff of the
Endowment Institutions and the Govt. need not be established.
Any such parity will not be rational as the scales of pay and
allowances of the staff of Endowment Institutions are determined
by their income and there cannot be any automaticity in the C
increase of their pay and allowances, as and when Govt. revises
pay structure to their employees. It is desirable to delink and
design separate service rules and packages of emoluments to suit
the Endowments to suit the Endowment Institutions."
D
Accordingly, the Committee devised pay scales and other allowances
with the changed nomenclatures of five categories of Archakas. The pay scales
and allowances as approved by the State Government are as under :

SALARIES AND OTHER EMOLUMENTS OF THE AR- E
CHAKAS OF THE TEMPLE EXCEPTING THE ARCHAKAS OF
TTDS APPROVED BY THE GOVERNMENT.

(FOR TEMPLES AND MUTTS ABOVE RS. 50,000 INCOME)

S 1. Designation F
Pay scale or Honorarium
No. of Archakas
1. Archaka Rs. 1400-30-1640-40-1960-50-2310-
60-2730
2. Upa Mukhya Rs. 1600-40-1920-50-2320-60-2800-
Archaka 70-3220 G
3. Mukhya Archaka Rs. 200-50-2400-60-2880-70-3440-80-
3920
4. Upa Pradhan Rs. 2500-60-2980-70-3440-80-4080-
•
Arch aka 90-4620
H
352 SUPREME COURT REPORTS [1997) SUPP. 1 S.C.R.

A 5. Pradhan Archaka Rs. 3000-70-3560-80-4200-90-4920-
100-5520

The following rates of DA, HRA & CCA are approved subject to
revision from time to time.

B D.A. 35.75%

HRA 20% in Hyderabad, Secunderabad, Visakhapatnam, Kakinada,
Rajahmundry, Eluru, Vijawada, Guntur, Nellore, Tirupathi, Kurnool, War-
rangal and Nizamabad. 12.5% in the towns where population crossed
C 50,000. 10% in all other places.

C.C.A.

Pay Range (Basic Pay) Hyderabad & Visakhapatnam
Secunderabad & Vijawada
D Below Rs. 1745 50 30
Rs. 1745 and above but 75 30
below Rs. 2750
Rs. 2750 and above 120 30
but below Rs. 3750
E
Above Rs. 3750 150 30"

It is further contended for the Archakas that consequent upon
abolition of the hereditary rights and in view of the anxiety shown by this
Court in its judgment for ensuring that the Archakas or other office holders
F and their families are comfortably kept with adequate alternative arrange-
ments, linking of the pay-scales with that of the Government servants is fair
and reasonable as suggested by the Committee. The Government, there-
fore, was not right in delinking them from the Government scales. We find
no force in the contention. The payment of the salary to the Government

I
G servants depends upon diverse factors like cost of index etc. Article 27 of
the Constitution prohibits spending of any expenses for promotion or
maintenance of any particular religious or religious denomination from out
of the funds flowing from the public exchequer. Resultantly, constitutional
prohibition stands in the way of extending to the Archakas and other office
H holders such benefits as are granted to the Government servants. Secondly,

{
D. KODANDARAMASARAMv. STATE[KRAMASWAMY,J.] 353

the salary has a linkage with the income derive by the charitable or religious A
institutions or endowments. As agreed earlier, the salary and other al-
lowances, subject to cadre strength, are required to be maintained and

- cadre strength is required to be rationalised based upon the income. In a
case where employees of religious staff had to be retrenched conversely on
increase of income in any subsequent year or years, the retrenched staff
should be re-employed in the order of their seniority, i.e., following the
B

principle of "first go, first come", and continued within the budgetary
provisions accordingly.

The Committee has further recommended that in respect of the C
institutions falling under Section 6 (c), whose annual income is below Rs.
15,000, the lands in the possession of Archakas may be retained in lieu of
remuneration as a condition for rendering services, after making necessary
amendments to Section 144 of the Act. The Government has accepted the
above recommendation. In our view, the stand taken by the Government
in this behalf is quite reasonable. As seen, if the pay-scales are determined D
for Archakas but the income derived from the institution is far less, the
requirement of payment of the salary within 30% ceiling would cause great
hardship to the Archakas for surrendering the lands and to receive only
paltry sum within the ceiling of 30 percentum. Accordingly, the acceptance
of the recommendation to allow the retention of the lands given to the E
Archakas as a condition to render service, is reasonable. Therefore, per-
mission is granted to the Government to bring about a suitable amendment
to Section 144, though its constitutionality has already been upheld by this
Court.
F
The Committee has further suggested that the case of Mutts should
also be taken into consideration for the purposes of fixation of the cadre
strength, rationalisation of pay-scales of the Archakas by taking them
within the range of income groups as in the case of temples. The Govern-
ment has accepted the said recommendation with the following rider : G

"The cadre strength for mutts is to be determined on a case to
case basis as in the case of other religious institutions, taking all
the parameters like income, activity level, the actual needs of the
mutt etc., into account." H
354 SUPREME COURT REPORTS [1997) SUPP.1 S.C.R.

A We find that the acceptance of the Government, subject to the above
rider is quite reasonable. The cadre strength for each mutt is required to
be determined on a case to case basis like other religious institutions in
determining the cadre strength; all relevant circumstances like income,
activity level, actual needs of the mutt and other attending circumstances
B should necessarily be taken into consideration before taking a decision on
case to case basis in respect of each mutt.

The Committee has further suggested employment of additional staff
at the time of conduct of Brahmotsavams or special festivals in the temples.
The Government has accepted the said recommendation with the rider that
C "such casual emplo)rment shall not confer any right for future employment
on the Archakas who are engaged for a specific festival". Each religious
institution, endowment, temple or mutt is directed to maintain a list of
casual Archakas employed for a specific purpose on special occasions like
Brahmotsavams or special festivals conducted in the respective temples.
D They would be entitled to remuneration for the days on which they render
service on these special occasions. As and when the existing religious staff
retires from service, in the order of seniority on age basis, the casual
Archakas whose names appears in the list maintained by the institu-
tion/temple, may be appointed on regular basis subject to their fulfilling
the qualifications prescribed for the respective posts etc. Necessary sanc-
E tion for the payment of daily wages for the period of service not exceeding
two weeks, should be obtained from the competent authority before engag-
ing the casual or daily- wage staff.

The Committee has further recommended that wherever the pay
p scales are not fixed in the temples to the Archakas, it may be arranged to
pay the additional remuneration to the Archakas for the extra services
rendered by them during Brahmotsavams and special festivals duly obtain-
ing orders of the competent authority. In this regard, the Government has
suggested that "(A)ny extra remuneration for extra services rendered is to
be decided depending upon the circumstances of each case. If any addi-
G tional remuneration is paid to the secular staff it has also to be extended
to the Archakas and other religious staff." We find that the suggestion of
the Government is quite reasonable and accordingly it is upheld.

As regards the payment of remuneration, the Committee has recom-
'H mended that the modality for payment of remuneration to the Archakas
D.KODANDARAMASARAMv. STATE[KRAMASWAMY,J.] 355

should be strictly on the same system as in the case of payment of salary A
to the secular staff as is being done now. The Government has accepted
the above suggestion in toto. It being a reasonable recommendation, we
approve of the same.

The Committee has further recommended that wherever there is no
source of income, a scheme to receive donations ( ubhayams) from the B
donors to conduct Archakas throughout the years may be devised and such
amounts may be invested in the interest-yielding fixed deposit schemes on
permanent basis in the name of deity. It is further recommended that
certain percentage of such accrued interest may be utilised for payment of
remuneration to lhe Archakas for the services rendered by them. It has c
been accepted by the Government in toto. We also approve of the same
and direct the Commissioner, Endowments Department to work out the
modalities and modules donations floated, as and when donations are
received, the amount may be invested in interest earning fixed deposit
schemes, preferably in nationalised banks, and whenever the payment of
remuneration is to be made, they should rationalise the same in such a way D
that the same does never exceed at any stage 50 per cent of the interest
amount; the rest of the 50 per cent should be earmarked for other welfare
purposes.

The Committee has further recommendation, as held by this Court, E
for conduct of annual examinations for appointment as Archakas in the
respective Agamas so that the Archakas would get acquainted themselves
with, and improve their excellence in, recitation of the Shlokas etc. The
Government has accepted the said recommendation. The Government has
directed, as has been held in the judgment, to establish schools in three
different regions to give training to the Archakas and conduct examination F
on annual basis as per the orders of the Government.

It is further recommended that the Agama Patashalas are also to be
set up and refresher courses should be conducted. That recommendation
has been accepted by the Government in toto and we approve of the same. G
TTD, it is recommended, should be treated as a separate entity by
itself and it has to be considered separately. The Government has accepted
the same. In fact, the Act itself refers to TTD as a separate institution
under Chapter XIV of the Act. Therefore, the TTD institution by itself is
a separate entity and whatever considerations have been referred to herein- H
356 SUPREME COURT REPORTS (1997] SUPP. 1 S.C.R.

A before would be different from those to be dealt with hereinafter.
It is further recommended that if, in giving effect to these recommen-
dations, the Government finds any difficulty, they may make such
provisions not inconsistent with the provisions of the Act, as may appear
to them to be necessary or expedient for removal of the difficulty.
B
Orders are accordingly passed.

T.N.A. Petition disposed of.