HON’BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.12401 of 2000 ORDER: The relief sought for in this writ petition is to declare the action of the respondents, in not extending the benefit of 1993 pay scales with effect from 01.04.1996 at 58.85% Dearness Allowance (DA), the benefit of 1999 pay scales with effect from 01.04.2000 at 8.18% DA, and in not revising the salary of the petitioner according to 1993-1999 pay scales, as arbitrary and illegal. The petitioner was appointed as a Lower Division Clerk on 20.05.1974 and was promoted as a Senior Assistant on 28.02.1993. He would contend that he is entitled for the benefit of revision in pay scales, and for enhanced DA as per the 1993-1999 pay revision commission scales of pay. He would furnish details of the income of the third respondent-Temple to contend that extension of the benefit of the 1993-99 scales of pay would fall well within the 30% limit prescribed under the provisions of the A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987 (for short ‘Act 30 of 1987’). In the counter affidavit, filed by the Executive Officer of the third respondent-Temple, it is stated that, as per the proceedings dated 15.11.1994, 1993 pay scales were to be extended subject to the statutory limit of establishment charges which should not exceed 30% of the income of the institution; a similar condition was stipulated in the proceedings dated 15.06.1996; the income of the temple for the year 1999-2000 was Rs.5,017,791/- which includes arrears for the earlier years; and since the establishment charges for the preceding years upto 1999-2000 were not below 30% the benefits, under the proceedings of the Commissioner of Endowments dated 15.11.1994, could not be extended. Section 35 of Act 30 of 1987 relates to appointment of office holders and servants, and sub-section (4) thereof stipulates that fixation of cadre strength, qualifications, method of recruitment, pay and allowances etc., for office holders and servants of religious and charitable institutions and endowments, shall be such as may be prescribed. In exercise of the powers conferred under Section 35(4), read with Section 153 of Act 30 of 1987, the A.P. Charitable and Hindu Religious Institutions and Endowments Office Holders and Servants Service Rules (for short ‘the Rules’) were made. Rule 43 relates to pay and allowances. Under Sub- rule (1) thereof the pay, dearness allowance and house rent allowance and other allowances of employees shall be on par with the scales applicable to the State Government employees of similar posts and status; and whenever there is a revision in the scales of pay, D.A., and H.R.A., in the case of State Government employees, employees of these institutions are also eligible for such revision of pay, D.A. and HRA. Under the proviso to Rule 43, salaries of employees of religious institutions shall not exceed thirty percent of its annual income calculated under Section 65 of Act 30 of 1987. It is within this ceiling of 30% of the annual income of the religious institution, is an employee of such an institution entitled for revision of pay scales. It is specifically averred in the counter affidavit that the establishment charges upto 1999-2000 were not below 30% of the annual income. In the light of the statutory bar under Rule 43 of the Rules, the petitioner is not entitled for extension of the benefits either under the 1993 or under the 1999 pay revision commission scales of pay. The relief sought for in the writ petition cannot, therefore, be granted. The Writ Petition fails and is, accordingly, dismissed. However, in the circumstances, without costs. RAMESH RANGANATHAN,J Date:22.07.2010 usd