AS. NARA YANA DEEKSHITULU ETC. versus STATE OF ANDHRA PRADESH AND ORS.

Citation: [1997] SUPP. 1 S.C.R. 366 · Decided: 09-05-1997 · Supreme Court of India · Bench: K. RAMASWAMY · Disposal: Disposed off
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Judgment (excerpt)

A 
B 
AS. NARA YANA DEEKSHITULU ETC. 
v. 
STATE OF ANDHRA PRADESH AND ORS. 
MAY 9, 1997 
(K. RAMASWAMY AND D.P. WADHWA, JJ.] 
Andhra Pradesh Charitable and Hindu Religious Institutions and En-
dowments Act, 1987 : 
C 
Hindu Law---Archakas-Abolition of hereditary rights-Constitution of 
D 
committee for a welfare scheme-Recommendation of Committee-Accep-
tance by Government-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 held that abolition of hereditary rights 
of Archakas and other office holders was not unconstitutional.* Pursuant 
to the directions given by this Court a Committee was constituted to 
formulate a welfare scheme for Archakas and other employees of the 
temple and their dependants. The said committee made various recom-
E mendations regarding constitution of Archakas and other employees 
remuneration fund, pension, distribution of uniforms, appointment of 
welfare officer, framing of a separate set of service conditions, giving 
exemption to the donors under Section 80-G of the Income Tax Act in 
relation to contribution made to the funds, amendment to the Act in regard 
F to the Andhra Pradesh Endowments Archakas and other secular 
employees welfare funds; and framing of scheme of Agama Patasalas and 
conducting of refresher courses suggested in the Deed. 
G 
Disposing the application, this Court 
HELD : The recommendations made by the Committee and accepted 
by the Government are approved. The covenants of the Deed of Trust must 
be deemed to be treated as part of this order. (368-F] 
*A.S. Narayana Deekshitulu v. State of Andhra Pradesh & Ors., (1996] 
H 9 sec 548. 
366 
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A.S.N. DEEKSHITULU v. STATE [K RAMASWAMY,J.] 
367 
CIVIL ORIGINAL JURISDICTION : I.A. No. 7 & 12 
A 
IN 
Writ Petition (C) No. 638 of 1987. 
(Under Article 32 of the Constitution of India.) 
B 
WITH 
I.A. No. 3 in W.P. (C) 696/87, I.A. No. 3 in T.C. (C) No. 170/88, I.A. 
No. 4 in T.C. (C) No. 175/88, I.A. No. 2 in T.C. (C) No. 38/90 and I.A. No. 
4 in W.P. (C) No. 1090/87. 
C 
D.D. Thakur, P.P. Rao, Hardev Singh, Dr. Gauri Shankar, C. 
Mukund, T.V. Ratnam, B. Kanta Rao, K. Ram Kumar, C. 
Balasubramaniam, Mrs. Asha Nair, \'. Balaji, N. Ganapathy, A.T.M. Sam-
path, Ms. Meenakshi Aggarwal, A. Subba Rao, A.D.N. Rao, V. 
Balachandran, Jain Hansaria & Co., P.N. Ramalingam, B. Parthasarthy, D 
Y.P. Rao, Ms. Sadha11a Ramachandran, Ms. B. Sunita Rao and Ms. H. 
Wahi, for the appearing parties. 
The Judgment of the Court was delivered by 
E 
K. RAMASWAMY, J. In view of separate judgments pronounced 
today in the above mentioned matters, the following recommendations have 
come to be made by the Committee and accepted by the Government : 
1. Constitution of Archakas and other Employees Salary and 
Remuneration Fund. 
2. Providing Pension Schemes as in the case of Regional Joint 
Commissioner and Deputy Commissioner cadre temples. 
3. Providing Dhoties, Uniform/Dresses to the Archakas and other 
F 
employees. 
G 
4. Since it is suggested to appoint Additional Commissioner, the 
appointment of the welfare officer to look after the welfare measures in 
respect of Archakas and secular staff has become redundant. 
5. Acceptance of the Government to frame a separate set of service H 
• 
368 
SUPREME COURT REPORTS [1997] SUPP. lS.C.R. 
A conditions in respect of the Archakas and other religious staff in view of 
their peculiar duties attached to them is a good prollosal. 
6. Merging of the existing welfare scheme with the welfare scheme 
formulated. 
B 
7. In regard to condition No. 7 relating to approaching the Income 
Tax Authorities for obtaining income tax in respect of the income derived 
from the fund and the donations received from the public, and also for 
giving 100% exemption to the donors under Section 80-G of the Income 
Tax Act, in relation to the contribution made to the funds, the Government 
C of India is directed to consider giving such exemption. 
8. Though the suggestion that the welfare measures should be taken 
to the door steps of the needy is laudable, it involves practical difficulty of 
huge outlay of expenditure. Therefore, the welfare measures would be 
administered by the Additional Commissioner from the Head-Quarters in 
D Hyderabad. 
E 
F 
G 
9. Amendment to the Act in regard to the Andhra Pradesh Endow-
ments Archakas and other secular employees welfare funds, should a
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