PVSSR JAGANNATHA CHARYULU AND ORS. versus STATE OF ANDHRA PRADESH AND ORS.

Citation: [1997] SUPP. 1 S.C.R. 357 · Decided: 09-05-1997 · Supreme Court of India · Bench: K. RAMASWAMY · Disposal: Disposed off
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Judgment (excerpt)

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PVSSR JAGANNATHA CHARYULU AND ORS. 
v. 
STATE OF ANDHRA PRADESH AND ORS. 
MAY 9, 1997 
[K. RAMASWAMY AND D.P. WADHWA, JJ.) 
Andhra Pradesh Charitable a,nd Hindu Religious lnstitUtions and En-
dowments Ac~ 1987: 
A 
B 
Hindu Law---Archakas and other office holders of temple-Abolition C 
of hereditary rights---<:onstitution of a Committee for f onnulation of a scheme 
for their welfare measures-Execution of Trust Deid-Constitution and func-
tions of Board of Trustees-Direction regarding. 
While upholding the constitutional validity of various provisions of 
Andhra Pradesh Charitable and Hindu Ret'igious Institutions and Endow- D 
ments Act, 1987 this Court held that abolition of hereditary rights of 
Archakas and other office bearers was not unconstitutional.* This Court 
also directed that a committee should be constituted to formulate a scheme 
for the welfare measures in respect of the Archakas and other employees 
of the temple and their dependents and religious institutions in the State 
of Andhra Pradesh. A Deed of Trust was designed to be executed with nine E 
members of the Andhra Pradesh Endowments and other Employees Wel-
fare Fund for its due administration. 
Disposing the matter, this Court 
HELD : 1. The Chief Secretary to the Government of Andhra 
Pradesh, the Chairman of the Board of Trustees would approach the Chief 
Justice of the Andhra Pradesh High Court for nomi,nation of a retired 
Judge of the Andhra Pradesh High Court to be a member of the Board of 
Trustees who may suggest the name. (360-A-B] 
2. Nominees of Archakas may be from among the Archakas spon-
sored by their Associations; on from Andhra Region and another from 
Telengana region being representative of the employee as is suggested in 
the Deed of Trust. [360-B-C] 
F 
G 
3. The Government is directed to create a post of Additional Com- H 
357 
358 
SUPREME COURT REPORTS [1997] SUPP. 1 S.C.R. 
A missioner, Endowments Department in the office of the Commissioner of 
Endowments to be filled in from amongst in service officers who would be 
kept in charge of the day-to-day management of the Trust. [360-E; F] 
4. Government of India would declare the Trust as notified objectives 
trust under Section 80-G of the Income Tax Act, 1961 so that 100% 
B exemption is granted to the Trust. On exemption so granted, entire income 
yielded from the corpus should be expended towards the objectives men-
tioned in the Deed of Trust. [360-H; 361-A] 
• 
S. The Committee's suggestion that accounts need to be audited 
C periodically by regular auditors and not by local auditors is appropriate. 
The Government is directed to modulate appropriate module for conduct-
ing regular auditing of the fund and suggest ways and means for the better 
management of the Trust and proper utilisation of the income towards 
welfare measures enumerated in the Deed of Trust. [361-C-D] 
D 
6. All the objectives of the Trust are self-explanatory and eloquent. 
The terms and conditions and the manner of management of the Trust to 
cater to the needs of Archakas, employees and their family members etc. 
in terms thereof are approved. [360-D] 
*A.S. Narayana Deekshitulu v. State of Andhra Pradesh & Ors., [1996) 
E 9 sec 548. 
CIVIL ORIGINAL JURISDICTION : I.A. No. 2 
IN 
F 
Transfer Case No. 38 of 1990. 
(Under Article 226 of the Constitution of India) 
WITH 
IA. No.4. 
G 
IN 
Writ Petition (C) No. 1090 of 1987. 
D.D. Thakur, P .P. Rao, Hardev Singh, Dr. Gauri Shankar, C. Mukund, 
H T.V. Ratnam, B. Kanta Rao, K. Ram Kumar, C. Balasubramaniam, Mrs. 
, ' 
1 
i 
PVSSRJ.CHARYULUv. STATF[K.~ASWAMY,J.] 
359 
Asha Nair, V. Balaji, N. Ganpathy, A.T.M. Sampath, Ms. Madhu Mool- A 
chandani, S. Markandeya, Mrs. '.Chitra-'Markandeya, Ms. Meenakshi Ag-
garwal, A Subba Rao, A.D.N. Rao, V. Balachandran, Jain Hansaria & Co., 
P.N. Ramalingam, B. Parthasarthy, Y.P. Rao, Ms. Sadhana Ramachandran, 
Ms. B. Sunita Rao and Ms. H. Wahi for the appearing parties. 
The Judgment of the Court was delivered by 
B 
K. RAMASWAMY, J. In paragraph 135 inA.S. Narayana Deekshitulu 
v. State of Andhra Pradesh & Ors., [1996] 9 SCC 548, this Court had 
directed, in addition to grant of the regular scales of pay, that other welfare 
measures be formulated and directed the Government to constitute a C 
permanent fund with, sum of Rs. 75 crores to start with, as corpus and to 
evolve procedure for spending the income to be derived therefrom towards 
welfare measures in respect of the Archakas, other employees and/or
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