THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO W.P.NO.16506 OF 2003 ORDER: This writ petition has been instituted by an Archaka of a temple, which is established and run by the 4th respondent. In Visakhapatnam City, Bharat Heavy Plate and Vessels Limited (‘BHPV’, for short), has a huge compus, and a great portion of it also has a residential colony in it. Therefore, a temple has been established there for catering to the religious needs and requirements of the members of the locality. The writ petitioner asserts that he has been appointed in the year 1999 as an assistant to the Archaka of the temple and subsequently, when the Archaka had left the institution / temple because of his ill health, the writ petitioner has been made the Archaka of the said temple. It is further asserted that based upon the income, the temple is recognized, as a 6(b) Institution of the Endowments Department, however, the pay of the writ petitioner is not properly fixed. He is being paid consolidated wages of Rs.750/- per month. It is submitted by the writ petitioner that the State Government has announced its policy decision through their G.O.Ms.No.858, Revenue (Endowments-I) Department, dated 08-10-1997, prescribing certain scales of pay based upon the recommendations of a Committee constituted by the State Government. For an Archaka the scale of pay is Rs.1400-30-1640-40-1960-50-2310-60- 2730. It is also asserted that House Rent Allowance and City Compensatory Allowance are also needed to be paid to such of those employees working in various cities and towns. The complaint of the writ petitioner is that he has not been paid the salary and wages in accordance with the terms contained in the said G.O. Heard Sri Ch. Dhanunjaya, learned counsel for the Petitioner and the learned Government Pleader for Endowments. It is appropriate to notice that the Andhra Pradesh Charitable and Hindu Religious Institutions & Endowments Act, 1987 (Act No.30 of 1987) (‘the Act’, for short), has been made to consolidate the law relating to the administration and governance of Charitable and Hindu Religious Institutions and Endowments in the State. The Provisions of the enactment are rendered applicable as per Sections 1 and 3 of the Act to all public charitable institutions and endowments, whether registered or not. The expression ‘Religious institution’ was defined as a math, temple or specific endowment and includes a Brindavan, Samadhi or any other institution established or maintained for a religious purpose. The expression ‘Temple’ has been defined under Section 2(27) as 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 any section thereof, as a place of public religious worship and includes sub-shrines, utsava mandapas, tanks and other necessary appurtenant structures and land. It is, therefore, clear that the statute has assigned and couched the abovementioned expressions in very broad language, thus attracting all public religious institutions towards them. Section 6 of the Act, mandated the Commissioner of Endowments to separately prepare and publish the list of charitable institutions and endowments and classify them depending upon the annual income received by such institutions. If the annual income, for the purpose of levy of contribution by Section 65 of the Act, exceeds Rs.25-00 lakhs, the institution shall be included in the list prepared under subsection (a) of Section 6 of the Act. If the income of the institution exceeds Rs.2-00 lakhs, but does not exceed Rs.25-00 lakhs, such institutions are liable to be included under subsection (b) of Section 6 of the Act; and the rest of the institutions or endowments are liable to be included under subsection (c ) of Section 6 of the Act. The learned counsel for the Petitioner Sri Ch. Dhanunjaya has drawn my attention to the list so published by the Commissioner of Endowments including the subject temple in the list prepared under subsection (b) of Section 6 of the Act, thus signifying that its annual income is more Rs.2-00 lakhs. It is the assertion of the writ petitioner that he is the only employee working in the said institution, while the person-in-management of the said temple is not an employee of the temple, but an employee of the BHPV – a public sector undertaking itself. When we examine the order passed by the State Government through their G.O.Ms.No.858, dated 08-10-1997, it becomes crystal clear that pursuant to certain directions issued by the Supreme Court, the Government of Andhra Pradesh has constituted a Committee compring of the Joint Secretary to the Government in the Revenue Department, the Deputy Secretary to the Government in the Finance and Planning Department and the Joint Commissioner of Endowments, as Members thereof, for the purposes of going into the rationalization of the pay scales of Archakas in different temples and for notifying the salaries to be paid to them. Accordingly, the said Committee has been specifically directed to rationalize the pay scales of all the Archakas in different temples and to specify the modality for paying salary to them. This Committee was also authorized to set out and fix the cadre strength of Archakas and to indicate the guidelines for increase or decrease of cadre strength linked to the financial status of the institution. It is thus clear that this Committee has been tasked with the job to ensure that only a reasonable portion of the income of the temple is spent towards salaries of the employees so that a major portion of the income is spend for religious purposes. When the Committee had made its recommendations, after a careful consideration of their feasibility the Government has accepted the same prescribing the pay scales and other emoluments and also categorized the Archakas. The scale of pay assigned to Archakas was Rs. 1400-30-1640-40-1960-50-2310-60-2730. In Paragraph No.9 of the said Order, the State Government directed the Commissioner of Endowments to implement the pay scales, dearness allowances, etcetera, with effect from 09-05-1997. The Commissioner of Endowments has also been advised to send appropriate proposals for amending the Rules made under subsections (3) and (4) of Section 35 of the Act. It, thus, becomes clear that the State Government, as a part of rationalization exercise, has fixed the various categories of Archakas and the pay scales, in which they are required to be paid their salaries. The ultimate decision of implementing the same was left in the hands of the Commissioner of Endowments – the 1st respondent herein. It is, therefore, appropriate that the Commissioner of Endowments should be directed to take into consideration and account the average annual income, with reference to the contribution liable to be made by the subject temple in terms of Section 65 of the Act, and determine as to whether the financial status of the subject temple is such that it can afford to have an Archaka and also assign him the pay scale of Rs. 1400- 30-1640-40-1960-50-2310-60-2730, together with the other admissible allowances, keeping in view that the subject temple is located at Visakhapatnam City. This decision is required to be taken within a maximum period of three months from the date of receipt of a copy of this Order. Based upon the said decision, the Commissioner of Endowments will authorize and workout the modalities of payment of salary and other allowances to the writ petitioner, from an appropriate date. With this, the writ petition stands disposed of. No costs. --------------------------------- Nooty Ramamohana Rao, J mrk 8th December 2009