K. RAMASWAMY, J. - (1.) VALIDITY of Chapter IV of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (for short, the "Act") was assailed on the anvil of the constitutional rights enshrined under Articles 25 and 26 of the Constitution. This Court in A. S. Narayana Deekshitulu v. State of A. P., (1996) 9 SCC 548 : (1996 AIR SCW 2029), has upheld the constitutionality thereof. However, along with other matters, direction was given to constitute a committee with the named officers to determine the payment of salary to the holders of the office on hereditary basis prior to the abolition thereof. Consequently, the Committee came to be constituted to go into the questions and it submitted its report to the Government, as per the direction of this Court, and the Government was required to consider the recommendations and in turn submit its report to this Court for further approval. Thus, the recommendations along with Government's comments/modalities suggested thereto, have been placed before us. We now proceed to dispose of the Applications/Petitions.
(2.) THE Committee has recommended the rationalisation of the pay-scales and payment of honorarium to the Archakas, Potu workers and other religious staff, Sri Pedda Jeeyangar and Sri China Jeeyangar relating to TTD. THE Government's comment thereon is as under : "THE recommendation of the Committee is accepted subject to allowing full freedom to revise the cadre strength, emoluments, incentives etc., to be offered to its religious staff depending on the exigency of work, administrative convenience etc." It is seen that Chapter XIV is a complete Code in that behalf and, therefore, the scales of pay and payment of honorarium to the Archakas Potu workers. Sri Pedda Jeeyangar and Sri China Jeeyangar would be determined as accepted by the Government. In this behalf, the following scales of pay have been given to the Archakas, Potu workers and other office holders : PAY SCALES OF ARCHAKAS ETC. of ttd AS APPROVED BY THE STATE GOVERNMENT JUDGEMENT_376_5_1997Html1.htm JUDGEMENT_376_5_1997Html2.htm JUDGEMENT_376_5_1997Html3.htm The Committee has recommended to the Government to examine the provisions of Section 142 regarding the honours to be extended as per the customs and usages to the Archakas, Pedda Jeeyangar, China Jeeyangar, Acharyapurushas, Ekangies, Adhaypakas and others. Those persons have been designated by the Committee as erstwhile mirasidaras etc. doing kainkaryams or sevas in the temples apart from giving remuneration or honorarium as recommended in the Committee's report. The Government has accepted the recommendation and, according to us, rightly.
(3.) THE Committee has further recommended four categories of Archakas, viz., Pradhana Archakas, Upa-Pradhana Archakas, Mukhya Archakas and Archakas in the temples under the control of TTD, in the time-scale attached to the Deputy Executive Officer, Assistant Executive Officer, Superintendent and Senior Assistant in the Devasthanams. THE Government has accepted the said recommendation subject to "provision contained in decision No. 1", viz., Government's decision in the first paragraph of the recommendations which we have approved hereinabove. In this behalf, Shri Thakur, their learned Senior Counsel, contended that the erstwhile Mirasidars held the positions in religious dignity. They cannot be classified and brought on par with the secular staff enumerated herein-before. It is an affront to their religious status. The erstwhile office holders appear to have misunderstood its scope. Their classification as equivalents of secular staff is only for the purpose of identifying the status and scales of pay but not with any other intention to degenerate them. Whatever customary honours they have held prior to abolition, stood protected by Section 142 of the Act constitutionality of which has already been upheld by this Court subject to the observance of and meeting out customary honours to them. In this behalf, it is not necessary to separately reiterate the undertaking given by Shri P. P. Rao, which was made part of the judgment and assured under Section 142 of the Act.;