WP/27932/2005 of G.Narayana Rap, Vs The Dy.Commissioner of Endowments on 29 December 2005

ORDER:

The petitioners are appointed as Attenders in Sri Venkateswara Swamy Temple,Karepalli, Khammam District initially on N.M.R. basis and thereafter, with regularscales of pay. Through proceedings, dated 23.12.2005, the Executive Officer of theTemple terminated the services of the petitioners on the ground that theestablishment expenses of the temple have exceeded 60% of the assessableincome. The petitioners challenge the same.

Heard the learned counsel for the petitioners and the learned Government Pleaderfor Endowments.

Section 57 (2) of A.P. Charitable & Hindu Religious Institutions and EndowmentsAct, 1987 (for short ‘the Act’) mandates that the salaries of the religious institutionsand secular establishments shall not exceed 30% of the annual income calculatedunder Section 65.

The impugned order discloses that the establishment expenditure in the templeconcerned had exceeded 60%. After noticing the anomaly and violation of themandatory provisions of the Act, the Deputy Commissioner of Endowments,Warangal had issued necessary directions to the Executive Officer of the temple totake necessary corrective steps. It was in this context that the petitioners, who arethe last persons to be appointed, were terminated. The question of conducting any enquiry or issuing notices does not arise in these cases, since it is not a punitivemeasure nor any stigma is attached. At the same time, the Executive Officer cannotbe permitted to undertake any recruitment after terminating the services of thepetitioners. In case the necessity for appointment in the temple arises and that theincome thereof permits of such appointments, the petitioners shall be entitled to betaken into service.

With these observations, the writ petition is disposed of. No costs.

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29.12.2005

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