IN THE SUPREME COURT OF INDIA

ORIGINAL JURISDICTION
IA NO

OF 2013
IN

WRIT PETITION (CIVIL) No.290 Of 1998

IN THE MATTER OF:

Telangana Archaka Samahkya (Regd)

Petitioner

Versus
State of A.P. and others

Respondents

APPLICATION UNDER ORDER XLVII RULE 6 OF THE SUPREME COURT

RULES 1966 FOR BRINGING SUBSEQUENT EVENTS TO THE NOTICE OF THIS
HON'BLE COURT

TO

The Hon'ble the Chief Justice of India and his Hon'ble Companion justices
of the Supreme Court of India
The humble application on behalf of the petitioner above-named most
respectfully showeth:

1.

THAT this is an application to bring to the notice of this Honble

Court the subsequent events so that the above Writ Petition is fully
and finally adjudicated.

2.

THAT after filing of the above Writ Petition in the year 1998
additional affidavits has been filed on 28th February 2005 and on 3rd
December 2008 narrating the developments that took place up to
that date. Subsequently some more developments have taken place
which needs to be brought to the notice of this Honble Court for
disposing of this Writ Petition following principles of Dharma.

3.

THAT when Yudishtira posed the question as to what is meant by

Dharma to Bheeshma he replied thus
It is most difficult to define Dharma. Dharma has been
explained to be that which helps upliftment of living beings.
Therefore, that which ensures the welfare of living beings is
surely Dharma. The learned Rishis have declared that which
sustains is Dharma(Mahabharata Shanti Parva 109-9-11)

The following excerpts from the book The Agama Encyclopedia

by Prof S.K Ramachandra Rao Vol 3, illustrates, based on
quotations from Agama texts (ancient texts that specify in minute
detail all aspects of Temple worship), the Dharma of the society
towards the welfare of the archaka family; which sacrifices for the
sake of the welfare of the entire society, for whose sake the worship
is conducted in the temples.
Because the safety, security, wealth and welfare of the
country depends upon regular worship ( six times, three or
two times a day) conducted in the temple, the ruler of the land
or the people must see that the worship is not interrupted due
to the penury of the priest. It is prescribed therefore that
endowments of lands are made upon the priest free of taxes so
that his family may live in comfort. (Pg 174)

This Honble Court has in Ramsharan Autyanuprasi & Anr vs Union

Of India & Ors on 14 November, 1988 Equivalent citations: 1989
AIR 549 stated that
It is true that life in its expanded horizons today includes all
that give meaning to a man's life including his tradition,
culture and heritage and protection of that heritage in its full
measure would certainly come within the encompass of an
expanded concept of Article 21 of the Constitution

Therefore the Agama Dharma of Temple Worship which is a

tradition, culture and heritage of the temple worshippers and the
Archakas and gives a meaning to their life is also protected under
Art 29(1) and Art 21 of the Constitution in addition to the protection
available under Art 25 and Art 26 of the Constitution. It is this
ancient and timeless Dharma that the Agamas prescribe for the
devotees and Archakas that this Honble Court needs to uphold in
this Petition as this Honble Court is also bound by the principles of
the same ancient Dharma Yato Dharmaha Tato Jayaha

4.

THAT the composite prayer in the above Writ Petition is that unless
the Government made substantial amendments to the Act as directed
by this Honble Court through judgement dated 9.5.1997 in I.A.
No.7 in Writ Petition (Civil) No 638 of 1997 and a scheme
implemented to keep Archakas in comfort the Andhra Pradesh
Charitable and Hindu Religious Institutions and Endowments Act
No 30/87 would be violative of Articles 14, 25, 26 and 27 of the
Constitution and therefore, void and ineffective.

5.

THAT through the affidavit filed on 28th February 2005 it has been
brought to the notice of this Honble Court the devotee agitation to
preserve the Culture of Temple System of worship resulting from
closure of temples due to impoverishment of Archaka families due
to non-implementation of the Orders of this Honble Court and the
steps being taken by the Government to amend the Act as a result.

6.

THAT through the affidavit filed on 3rd December 2008 it has been
brought to the notice of this Honble Court the Statement of Objects
and Reasons of amendment Act 33 of 2007 where the Government
accepted that due to non-implementation of the directions of this
Honble Court thousands of Archaka families have become
impoverished and temples virtually closed. The amendments
brought about to Act 30/87 through Act 33 of 2007 was to rectify
the alarming situation in response to devotee agitation to preserve
the system of Temple Worship Culture, tradition and heritage by
bringing the Endowments Department under Andhra Pradesh
Dharmika Parishad a new semi-autonomous body constituted under
Sec 152 and to improve the livelihood of Archaka families. This
Honble Court following principles of Dharma has also taken note
of the amendments restoring the status of the Archakas as was
obtaining prior to the enactment of the 1987 Act and disposed of the
pending Review Petition RPC 2350 of 1997 dated 19.2.2013
This petition was filed in 1997 for reconsideration of the
judgment in A.S. Narayana Deekshitulu v. State of Andhra
Pradesh and others (1996) 9 SCC 548. During the pendency of

4
the petition, Legislature of the State of Andhra Pradesh
amended the Principal Act, i.e., Andhra Pradesh Charitable
and Hindu Religious Institutions and endowments Act, 1987
(for short, 'the 1987 Act') and restored the status of Archakas
as was obtaining prior to the enactment of 1987 Act. In view
of the above development, this petition is disposed of as
infructuous leaving the questions raised in the main petition
open to be decided in an appropriate case. It is also made clear
that this order shall not affect the Reference made vide
judgment in A. Ramaswamy Dikshitulu v. Government of
Andhra Pradesh and others reported in (2004) 4 SCC 661.

7.

THAT in light of the disposal of the Review Petition RPC 2350 of

1997 leaving the questions raised in the main petition open the
contention raised by the petitioner organization in the form of
written submissions in which it was pointed out that the operation of
the impugned Act would result in deprival of the livelihood of the
Archakas and the abolition of their hereditary rights and
introduction of graded scales of pay were so burdensome that they
would inevitably result in manifest violation of the fundamental
rights under Articles 14, 25, 26 and 27 of the Constitution need to
be addressed as part of this Writ Petition.

8.

THAT it is now over 5 years since the Act has been amended
through Act 33 of 2007 and the emoluments scheme for improving
the livelihood of the Archaka families as contemplated by the
amendments based on the directions of this Honble Court is yet to
be implemented and situation continues to be alarming. This fact
has been substantiated by the Andhra Pradesh Dharmika Parishad
Sub-Committee on Service Issues of Temples Employees a
committee

constituted

vide

G.O.Ms.No.1303

Revenue

(Endowments-I) Department dated 20-10-2010 and G.O.Ms.No.

1395 dated 24-11-2010 in its visionary report dated 5.1.2011. The
report is also attached as Exhibit-A.
9.

THAT the Andhra Pradesh Dharmika Parishad Sub-Committee on

Service Issues of Temples Employees in its visionary report dated
5.1.2011 has for the first time defined the term Public Interest in

terms of Agama Dharma which should guide the functioning of the

Endowments Department.
What exactly is Public Interest Here? The Agamas have
defined this very clearly. The following are extracts from the
book The Agama Encyclopedia by Prof S.K Ramachandra
Rao Vol 3
Because the safety, security, wealth and welfare of the
country depends upon regular worship ( six times, three or two
times a day) conducted in the temple, the ruler of the land or
the people must see that the worship is not interrupted due to
the penury of the priest. It is prescribed therefore that
endowments of lands are made upon the priest free of taxes so
that his family may live in comfort. (Pg 41-42)

It is pertinent to note here that the Dharmika Parishad as a body

itself was created by the recommendation of the Select Committee
by providing representation to all devotees and stakeholders from
various walks of life such as Peetadhipathis, Judges, Agama Pandits,
Archakas, Trustees of temples, retired eminent bureaucrats with
experience, eminent donors etc. so that the Dharmika Parishad can
ensure that the Endowments Department functions as per Agama
Dharma and in Public Interest. This Honble Court in its judgement
in Civil Appeal 6639 of 2003 dated 13th Oct 2011 in
Trambakeshwar Devasthan Trust & Ors .. vs President Purohit
Sangh & Ors has held that Public Interest is paramount in the
functioning of Religious Trusts. The Dharmika Parishad SubCommittee in Sec 2.2.3 of its visionary report dated 5.1.2011 has
documented the reasons for impoverishment of Archakas (penury
state of priest as per Agamas) due to the fact that the Endowments
Department did not implement the orders of this Honble Court.
Though the Supreme Court had recommended exemption of
90% of temples from the purview of the Act and had also
ordered that hereditary trustees should not be disturbed unless
foul in management is proved , the department instead went
ahead and implemented the provisions of the Act in thousands
of such temples by appointing an EO or a Manager and other
secular staff. It also mechanically disturbed the Hereditary
Trustee even if the Temples were properly administered by
appointing trustboards and EO/PIMs. It also extended G.O.Ms
No 858 Revenue (Endowments I Dt 8-10-1997)
Rationalization of Pay Scales of Archakas of the Temples
other than Tirumala Tirupathi Devasthanams..

6
While the pay scales for all secular employees was religiously
implemented and periodically revised the Pay scales and
revisions was not implemented in the case of many Archakas
and other Religious staff as there was no money to pay their
salaries after paying the salaries of the secular employees and
be within the 30% statutory limit. The fact that many Archaka
families became impoverished and temples virtually closed
down is clear from the following excerpt from the Statement
of Objects and Reasons of Act 33 of 2007.. Pg(18)
The indiscriminate taking over of temples and increase in
the secular staff in violation of the Orders of the Supreme
Court has meant that it is now impossible to implement PRC
2010 scales for the Religious Employees due to the 30%
establishment limit in majority of the temples. Also the lands
given to Archakas in lieu of service were disturbed in many
temples with the promise of payscales. The other impact was
that the Endowments Department itself increased the
expenditure as it now had to deal with lot more temples under
its control which meant more Assistant Commissioners,
Deputy Commissioners, and Executive Officers etc Pg(19)

The Committee noting that the provisions of the amended Act to

better the emoluments of the Archakas which is based on the
direction of this Honble Court is not being implemented by the
Department further made the following important recommendation
to ensure that the Department functions as per Agama Dharma and
in Public Interest.
2.2.3.2 What can be done to retrieve the Situation with
regards to Archakas and Employees of other Temples?
The cumulative effect of the mismanagement of the affairs of
the Religious Institutions by the Endowments Department has
resulted in the present situation where many temple employees
belonging to low income category especially Archakas and
sweepers are not being paid decent salary and the vision with
which the Government amended the legislation based on the
report of the Select Committee is yet to materialize.
The first and foremost thing that needs to be done so that the
amended Act can be implemented at a fast pace is to
implement the recommendation of the Select Committee
A semi autonomous Apex body called Andhra Pradesh
Dharmika Parishad is sought to be created to oversee the
management of the entire temple system in the state. It would
most likely discharge most of the functions being currently
performed by the Government. It would have the authority and
responsibility to institute appropriate administrative, financial
and legal mechanisms to ensure that Endowments are
preserved, dilapidated temples are renovated, temples become
pilgrim-friendly, the rich traditions and cultural heritage are
preserved and all stake holders participate in a spirit of
partnership with devotion and dedication to bring temples
back into social life as centers of moral education, human

7
welfare, fine arts and architecture. It will not be merely an
advisory body as envisaged earlier. It will be the policy
making body with substantial autonomy to coordinate and
facilitate better management of temples. The Sec 152 A(1)
proposed in the amendment Bill is modified accordingly
The Government to delegate its powers and functions to
Dharmika Parishad ( under Sec 152(4)). This is needed to
ensure that the amended Act can be effectively
implemented to bring about a sea change in the current
environment. (Pg 25-26)

10. THAT the Legislature Select Committee reacting to agitation from

devotees who could not be a silent spectator to the impoverishment
of the traditional archaka families and virtual closure of the temples
recommended addition of provisos to Sec 144 through amendment
Act 33 of 2007 so as to preserve the traditional mode of emoluments
to Archakas which was in existence since times immemorial
ensuring un interrupted rituals for thousands of years in spite of
invasions, calamities etc. The amendments to Sec 144 read as
follows
Provided that the above said provision shall be applicable only
for those institutions whose annual income as defined under
Section 65 exceeds Rs. 5 lakhs per annum
Provided further that notwithstanding anything contained in
this Section, the Commissioner shall be competent to frame a
scheme in case of such institutions where he satisfies himself
for the reasons to be recorded in writing that framing of such a
scheme is necessary stipulating the conditions of service and
payment of emoluments to the Archakas, office holders and
servants of the institution. Such a scheme shall come into
force only after the approval of the Dharmika Parishad.

The above amendments are based on the following recommendation

of the Select Committee
The Select Committee deliberated upon the amendment to Section
144 which is intended to improve the financial status of low-income
temples. The archakas and other office holders working in this
temple would have an option to either take a share of the temple
income or take the salaries wherever they find that they are not able
to make a living from the lands or the offerings given by the
devotees. Accordingly, the amendment as proposed was approved
as this is in conformity with the observations of the Supreme Court,
is in consonance with the objectives of the Government to augment
income levels of small temples and gives an option to archakas and
other office holders and servants to opt for a scheme that is more
beneficial to them. The power to approve schemes where there are
special circumstances necessitating such a formulation is being
given to the Dharmika Parishad.

The Dharmika Parishad Sub-Committee on Service Issues of Temple

Employees in its report dated 5.1.2011 has recommended that
Schemes be implemented for temples within a period of 6 months
which is not implemented yet.
6. Schemes to be prepared as contemplated under Sec.144 of the
Act within 6 months. (Pg49)

All the Archaka Organizations including Telangana Archaka

Samakhya have through their representation dated 14.9.2012 to the
Endowments Department asked for implementation of emoluments
through fund under Sec 65-A as recommended by the Dharmika
Parishad Sub-Committee and implementation of scheme option to
be given to Archakas as is being implemented in Karnataka where
thatte kasu, seva commission, proceeds from lands and part
emoluments in the form of cash is allowed. This is also yet to be
acted upon by the Endowments Department. The representation by
the Archaka Organizations is attached as Exhibit B.

11. THAT the Dharmika Parishad Sub-Committee on Service Issues of

Temple Employees in its report dated 5.1.2011 in Sec 2.2.2 (Pg 1315) has quoted from the Report of the Hindu Religious
Endowments Commission also known as C.P. Ramaswamy Iyer
Commission Report and also the judgement of this Honble Court
on protection of Art 21 right to life (AIR 1993 SC 2086) available to
the Imams by implication to Archakas as well and the
recommendations of the Select Committee to justify the insertion of
Sec 65-A and creation of a fund for better emoluments to Archakas
and other Employees through the amendment Act. The Committee
has also given several recommendations on how this fund should be
seeded etc. which to date has not been implemented.
12. THAT the Dharmika Parishad had made several recommendations to
implement the scheme for Archakas in low income temples so as to
allow them to manage the same without additional staff such as

Managers/Executive Officers etc. to improve their livelihood which

was the objective with which the Act was amended. The AP High
Court in the Order dated 3.10.2012 in WP 22074 of 2012 has given
guidelines on how the income is to be calculated and also taking
into account the decisions of the Government to allow temples with
income less than 2 lakhs to be administered by Archakas. The
Endowments Department is not following these guidelines and is
giving notice for constitution of trust boards to such low income
institutions at the Deputy Commissioner level. Further the income
limit of 2 lakhs itself needs to be increased to Rs 5 lakhs income to
be in compliance with the directions of this Court as clearly
articulated in the Dharmika Parishad Sub Committee report.

13. THAT the Dharmika Parishad Sub-Committee on Service Issues of

Temple Employees in its report dated 5.1.2011 in Sec 5.1.3 (Pg 3536) has analyzed the working of the Endowments Administration
Fund and the amendment made through Act 33 of 2007 in view of
the contentions raised in this Petition. The Committee further quoted
the legal position in Sec 5.1.5 of the report (Pg 41-42) and laid
down the principles which need to be followed to ensure that this
Honble Court does not treat the levy as a tax and strike down the
provision in the current pending Petition.

14. THAT the Dharmika Parishad term expired on 16.12.2012 and so far
new body is yet to be constituted as per the Sec 152 of the Act and
Rules, further various recommendations of the Parishad for welfare
of the Archakas which are binding under Rule 27 of the Dharmika
Parishad Rules is yet to be implemented by the Endowments
Department and many of the recommendations of the Dharmika
Parishad Sub-Committee on Service Issues of Temple Employees
dated 5.1.2011 is not yet implemented. The net result is that the
Archaka families continue to be impoverished.

10

15. THAT the devotees who are in minority and who believe in the
temple system of worship as per Agamas and which is their culture,
tradition and heritage and which is protected under Art 29(1) , Art
21, Art 25 and Art 26 of the Constitution have been reduced to silent
spectators and they are unable to perform the duty cast on them by
the Agama Rishis to ensure that Archakas are not reduced to penury
and rituals continue in the temples. The Endowments Department is
not functioning as per Agama Dharma and in Public Interest, the
Government is a secular one, the Dharmika Parishad which was
supposed to replace the secular Government and ensure that the
Department functions as per Agama Dharma and in Public Interest
is not functional and due to the abolition of the traditional mode of
emoluments the devotees are unable to augment the income of
Archakas; the net result is that the Temple System of worship
culture as per Agamas is under serious threat with traditional
archaka families becoming impoverished and thousands of temples
virtually closing down.

16. THAT the experience of the past decades is clear that the structure of
the Act specifically Sec 144 whereby the welfare of the Archaka
families was completely taken away from the hands of the devotees
by abolition of the traditional emoluments scheme as contemplated
by the Agamas and entrusted to the Endowments Department
functioning under a Secular Government is a complete failure and
something predicted by the Petitioner Organization in August 1995
itself to this Honble Court. Though Sec 144 has been amended the
implementation of it is still in the hands of the Endowments
Department functioning under a Secular Government and neither the
Archakas nor the devotees have any rights unless the provisions of
the amended Act are read down by this Honble Court in a way that
it preserves the right of the devotees to augment the income of the
Archakas in the traditional way as per Agama Dharma a right that is
protected under Sec 142 of the Act and also under Art 29(1), Art 21,
Art 25 and Art 26 of the Constitution. This Honble Court needs to

11

harmonize amended Sec 144 and Sec 142 and uphold the right of
the devotees to augment the income of the Archakas in a traditional
way. The state of Karnataka which was appraised of the issues
prevalent in the State of Andhra Pradesh with regards to the
livelihood of Archakas has in its amended Act introduced Sec 69-A
which is similar to Sec 144 but is preserving the right of the
devotees to directly augment the income of the Archakas in the
traditional way through thatte kasu and seva commission as per
custom and usage.
Sec 69A Abolition of share in hundi and other income of the
temple.- Notwithstanding anything contained in any
judgement, decree or order of any court, tribunal or any
authority or in any scheme, custom, usage or agreement or in
any manual prepared by any institution or in any deed, sannad,
order of the Government to the contrary governing any
religious or charitable institution or endowment, any share
which is payable or being paid or given or allowed at the
commencement of the Karnataka Hindu Religious and
Charitable Endowment (Amendment) Act, 2011 to any trustee,
Dharmadarshi, Dharmakartha, Muthavalli or any office holder
or servant including an archak or mirasidar or mujavar in the
hundi or in kanike or in other income of the institution shall
not have share except the seva commission and thatte kaasu

17. THAT it is clear from the experience of past decades that the
Endowments Department is not functioning as per Agama Dharma
and in Public interest and it is necessary to implement the
recommendation of the Dharmika Parishad Sub-Committee on
Service Issues of Temple Employees in its report dated 5.1.2011 for
the Secular Government to constitute and transfer all its powers to
the Dharmika Parishad as per the provisions of the amended Act. In
order to protect the fundamental rights of the devotees protected
under Art 29(1), Art 21, Art 25 and Art 26 of the Constitution and to
preserve the culture, custom, usage and tradition of temple system
of worship; This Honble Court needs to harmonise the
requirements of Sec 13 and Sec 142 of the Act with amended Sec
152(4) and Sec 65 of the Act so that the Dharmika Parishad
exercises complete control over the functioning of the Department
with all powers of the Secular Government transferred so as to
protect the Temple System of Worship Culture, custom, usage,

12

Tradition and Heritage so that the Endowments Department

functions as per Agama Dharma and in Public Interest. This
Honble Court needs to set a short time limit for implementation of
all the recommendations of the Dharmika Parishad Sub-committee
on Service Issues of Temple Employees dated 5.1.2011 so that the
contribution collected under Sec 65 towards EAF is not considered a
tax by this Court and is considered a fee as currently the service
rendered is actually not being utilized as per Agama Dharma and in
Public Interest and while the officials of the department including
executive officers are getting good salaries the Archakas and other
Employees whose welfare is crucial to sustaining the Temple
Worship Culture continue to be in an impoverished condition.

18. THAT the Dharmika Parishad sub-committee on Service Issues of

Temple employees has brought in to focus through its report dated
5.1.2011 that the Archakas are in an impoverished condition due to
the fact that the Endowments Department did not function as per
Agama Dharma and in Public Interest. It is therefore required that
this Honble Court following principles of Dharma should
immediately order for constitution of a committee to arrive at a
compensation figure for the irreparable damage done to the Agama
culture of temple system of worship. This Honble Court should
order that the ratio followed in the judgement in Balasubramania
Sastri vs Ponnusami Iyer of Madras High Court 45 Ind Cas 721
dated 29 April 1919 be followed in arriving at the damages due to
the impoverished Archaka families due to non-implementation of
the orders of this Honble Court and also the wisdom of the
legislature which lead to impoverishment of the Archakas as they
were deprived of the voluntary donations from devotees as their
income augmentation. The Petitioner in his memorandum submitted
to Justice Sri Krishna Committee titled Temple System at Cross
Roads which is enclosed as Exhibit C has brought to the focus the
injustice done to the Archaka Community and the Culture, tradition
and heritage of Temple System of Worship in the State of Andhra

13

Pradesh

from

1987

onwards

and

gave

the

following

recommendation on the quantum of compensation

(2)We request the Honble Committee to recommend the
quantum of compensation to be given to the impoverished
archaka families due to the non-implementation of the
directions of the Honble Supreme Court. In this
connection we submit that since the Amendment Act 33 of
2007 has been enacted on the basis of the directions of the
Honble Supreme Court amendments to Sec 34 , Sec 144
and Sec 17 be treated as retrospective so that the
recommendations are legally binding and the archaka
families get suitable compensation. This will allow the
Andhra Pradesh Society to do prayaschittam for the sins
committed against the archaka families.
Since the
Endowments Legislations are in the concurrent list, the
Central Government was duty bound to prevent Temple
laws which are destructive from being enacted by the State
Governments. They need to be monitered by the Central
Government. For this lapse the compensation needs to be
paid by the Government of India to the temples for
reviving them. Therefore at least Rs.1,000 crores should be
credited to the Andhra Pradesh Archakas and other
Employees Welfare Fund. (Pg 44)

19. THAT For the first time in the history of our temple system culture
an Archaka committed suicide hanging from the bell of a temple in
the year 2001 to bring to the notice of the Society the pitiable state
of the Archaka community and the fact that the Endowments
Department is not functioning as per Agama Dharma and in Public
Interest which caused awakening in the devotees leading to the
devotee agitation to preserve the culture, tradition and heritage of
the temple system of worship.

20. THAT In view of the current peculiar situation where thousands of

Archakas and their families continue to be impoverished, pending
disposal of the Writ Petition this Honble Court following principles
of Dharma to provide immediate relief to the thousands of
impoverished Archakas and to preserve the culture, tradition and
heritage of the Temple System of Worship may like to order
Respondent No. 1 to allow devotees to augment the income of
impoverished archakas in all temples as per custom and usage since
times immemorial in the way that they were doing under the
provisions of the 1966 Act and which is a right that is protected

14

under Sec 142 of the Act and Art 29(1), Art 21, Art 25 and Art 26
of the Constitution to preserve the culture, tradition and heritage of
temple system of worship as per Agamas and which is also
protected under the Karnataka amendment.

21. THAT in view of the current peculiar situation where the

Endowments Department is not functioning as per Agama Dharma
and

in

Public

Interest

the

contribution

to

Endowments

Administration Fund is in the form of a tax and not fee and in

violation of Art 27 , Art 29(1) , Art 21, Art 25 and Art 26 of the
constitution as it is not helping in preserving the culture, tradition
and heritage of the temple system of worship of the devotees as per
Agamas; this Honble Court pending disposal of the Writ Petition
following principles of Dharma may like to order Respondent No. 1
and specify a short time limit in which the Endowments Department
is made to function as per Agama Dharma and in Public Interest by
implementing the recommendations of the Dharmika Parishad SubCommittee on Service Issues of Temple Employees dated 5.1.2011
to constitute and transfer the powers of the Government to
Dharmika Parishad , implementation of Sec 65-A of the Act for
proper emoluments to impoverished Archakas and Temple
Employees using the surplus funds under the EAF and other related
recommendations and ensuring contribution from TTD and
implementation of Schemes for Archakas in all temples as per the
provisions of the amended Act.

22. THAT in view of the current peculiar situation where thousands of

Archakas and their families continue to be impoverished due to nonimplementation of the earlier orders of this Court; this Honble
Court following principles of Dharma and pending disposal of the
Writ Petition may order Respondent No 1 to allow temples with
income below Rs. 5 lakhs as recommended by the Dharmika
Parishad based on the earlier orders of this Court to be managed by
Archakas wherever there are no hereditary trustees as part of the

15

scheme to improve their livelihood and take back all the Executive
Officers/Managers appointed for these institutions. This Honble
Court following principles of Dharma pending disposal of the Writ
Petition may further order constitution of a committee on the basis
of the report of the Dharmika Parishad Sub-Committee on Service
Issues of Temple Employees dated 5.1.2011 and arrive at a
compensation figure to impoverished archaka families so that the
devotees and archakas can try to revive the culture, tradition and
heritage of the temple system of worship as per Agamas protected
under Art 29(1), Art 21, Art 25 and Art 26 of the Constitution
which has been irreparably damaged due to the closure of temples,
impoverishment of the Archakas, loss of properties of the temple in
the form of Fixed Deposits, Lands, Ornaments which were given by
donors so that rituals continue in these temples.

PRAYER
It is therefore most respectfully prayed that this Honble Court be pleased to:
(a) TAKE into consideration all the facts and events described above in
deciding the above Writ Petition; and
(b) PASS such orders as are deemed just fair and proper in the
circumstances of the case

The Petitioner has verbatim reproduced the relevant reports including

underlining; The Petitioner has not made any underlining.

Dated at New Delhi, this

DRAWN AND FILED BY:

(RAMESHWAR PRASAD GOYAL)

ADVOCATE FOR PETITIONER ORGANIZATION