Karnataka High Court
Sri Srikanteshwara Swami Temple vs Govt Of Karnataka on 30 October, 2013
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 30th DAY OF OCTOBER, 2013
BEFORE
THE HON'BLE MR. JUSTICE V.SURI APPA RAO
WRIT PETITION NO.7660/2012 (GM-RES)
BETWEEN:
SRI SRIKANTESHWARA SWAMI TEMPLE,
EMPLOYEES WELFARE ASSOCIATION (REGD.)
BAKTHI MARGA,
BEHIND TEMPLE OFFICE,
NANJANAGUDU - 570301.
(REP. BY ITS PRESIDENT
SRI K SRIKANTASWAMY) ... PETITIONER
(BY SRI A.V.AMARNATHAN, ADV.)
AND:
1. GOVT. OF KARNATAKA,
VIDHANA SOUDHA,
BANGALORE - 560001.
(REP. BY ITS CHIEF SECRETARY)
2. DEPUTY COMMISSIONER,
MYSORE (D)
MYSORE - 570014.
3. EXECUTIVE OFFICER,
SRI SRIKANTESHWARA SWAMI
TEMPLE,
NANJANAGUDU - 5711301. ... RESPONDENTS
(BY SRI SHASHIDHAR S. KARAMADI, HCGP FOR R1-3)
2
THIS WRIT PETITION IS FILED UNDER ARTICLE 226
OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE
THE NOTIFICATION DATED 21.12.2011 BEARING
NI.SSB/DVP-2/CER,88/10-11, VIDE ANNEX-A.
THIS PETITION IS COMING ON FOR PRELIMINARY
HEARING "B" GROUP ON THIS DAY THE COURT MADE
THE FOLLOWING.
ORDER
Petitioner-Sri Srikanteshwara Swami Temple filed this petition challenging the notification dated 21.12.2011 bearing No.SSB/DVP-2/CER 88/10-11 at Annexure-A.
2. The employees of Sri Srikanteshwara Swami Temple consists of Chief Priest, Archakas, Parchakas Residents Panchaya Pourohithya, Sripadas, Kattiadige, vastra Katteyadige, Thandaveshwara, Paricharike Thandaveshwara Paricharike, Vehicle Tax Collector, Gardener Detective, Tabular Archakas who work full time, part time, internal and external employees. The employees of the Temple work in different capacity for the performance of the pooja and other duties without 3 having any fixed working hours. Because the pooja timings of the temple varies from time to time as per the Agama Shasta's prescribed under the Hindu scriptures and some times in festival season the employees of the temple have to work till late in the midnight. Therefore, the working hours were not fixed all these years and the employees of the temple are not labourers and they can be considered as Government employees. While so, the 3rd respondent by its notification No.SSB/DVP-2/CER 88/10-11 dated 21.12.2011 had introduced E attendance by introducing biometrics finger prints forthwith. This was introduced unilaterally without consultation with the employees or their representatives or the association. As per the said notification, all employees have to personally attend and put their finger prints in the biometrics finger prints machine installed at the temple premises between morning 6 to 6.30 am, and again in the evening 8 to 8.30 pm. After finishing their work, they have to sign the attendance by this 4 biometrics finger prints. As against the above notification, the petitioner Association had given a representation by its letter dated 3.2.2012 brining to the notice of the authorities and the practical difficulties. The 3rd respondent by its letter dated 16.2.2012 sent reply stating that the representation of the association cannot be considered and it would enforce the said E attendance system, failing which, the salaries of the employees will be stopped. Aggrieved by the above notification and the reply sent by 3rd respondent, petitioner Association filed this writ petition.
3. Respondents 1 and 3 files objections contending that the petitioner Temple comes under the control of Endowment Department of State of Karnataka and it is classified as Group 'A' Temple. Presently about 254 employees are performing works in the temple. Around 153 among 254 employees are receiving Government Pay-Scale salary and some of the employees are working 5 on shift basis and performing duties during the time of pooja in the temple. Presently their presence is recorded in the attendance register. Making the employees perform their work till the desired time and also to avoid proxy in the attendance register has been difficult. Hence, biometric system was implemented to avoid proxy and the employees to plea with other work.
4. As per Annexure-R2 dated 30.8.2012, the Endowment Commissioner has taken a decision to introduce the biometric system for 'A' Group Temples. By Annexure-R3, the Department has given all service benefits to the employees working in the 'A' Group Temples. Admittedly, the Executive Officer of the petitioner temple installed the biometric system in the temple as per the instruction issued by the Commissioner for Endowment Department. The petitioner Association is challenging the installation of biometric system of attendance on the ground that as 6 per the instruction issued in this regard the employees of the association are bound to work from morning 6 to night 8.30 pm and some times the Archakas of the temple are attending the temple even before 4 am and stay in the temple till late night during Uthsavas and some of the Archakas perform duties throughout night. This was not considered by the respondents and biometric system was introduced to the temple employees like any other Government employees, which is not feasible and practical for the temple employees. The representation dated 26.12.2011 submitted by the petitioner Association clearly narrated the difficulties in following the biometric system of attendance contrary to the regular hours of temple duties. Therefore, they sought to drop the process of attendance through biometric finger print machine.
5. Learned counsel for the petitioner submitted that the representation dated 26.11.2012 is not 7 considered by the respondents. Therefore, much inconvenience is caused to the Archakas in performing the regular pooja for the deity. Admittedly, the petitioner Association consists of Archaks and Purohiths and other employees who has to perform their duties. It is also admitted fact that some of the Archakas have to perform their duties on rotation basis and they have to stay till late night and after the completion of pooja program the ornaments of the deities has to be kept in safe custody and it is highly impractical for the Archakas to leave the temple even before 6 to 6.30 am. Some times, on festival season, the employees have to come even at 4 am and stay till late night. All these aspects should have been considered by the respondents as practical difficulties.
6. Any person signing the attendance register as proxy, if any, such incidence occurs, the Executive Officer is at liberty to take action against the Archakas 8 or employees who are responsible for proxy attendance. Therefore, considering the nature of duties entrusted to the employees of the temple and the timings and the number of visitors to the temple, the respondents are hereby directed to consider the representation of the petitioner with regard to change of timings taking into consideration of the employees attending the temple even before 6 am and leave the temple after 10 pm, after discussing with the 'A' Group employees of the association. The respondents are directed to take a decision within 3 months from the date of this order for smooth administration of the temple.
Sd/-
JUDGE PB