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The first respondent, by G.O.Ms.346, Commercial Taxes and Religious Endowment Department, dated 1.10.1992, decided to sanction pension of Rs.300 per mensem to those archakas who had retired from service on attaining the age of 60 and who had served for over 20 years in any of the temples in Tamil Nadu. It is mentioned in the Government Order that the institution of Archakas literally means those who have traditionally inherited the reciting of Vedas and Agamas in the sanctum sanctorum of the temples at Kalapoojas and who have the proficiency and rich experience in reciting Vedas and Agamas and conducting various yagams, homams, and kumbabishekams. It is mentioned in the Government Order that the Government has decided to grant pension in order to preserve, protect and promote the tradition of archakas and to give encouragement to the persons who have been carrying on this ancient, lofty tradition. A scheme was formulated and termed as Tamil Nadu archakas Pension Scheme, 1992 thereinafter referred to as the Pension Scheme, 1992 and in terms of Rule 4 of the said Scheme, a Sanction Committee has to be constituted and the second respondent as the Chairman is to receive application in the prescribed format and sanction the same. The applications were to be routed through the Deputy Commissioner and Assistant Commissioners concerned. The scheme has also laid down the powers of the Sanction Committee, the eligibility for pension, the amount of pension, withholding and cancellation of pension and method of payment among other things. It is further stated that in the first instance, the Scheme was to be implemented to 500 archakas (300 Archakas who had worked in Siva Temples and 150 Archakas who had worked in Vaishnavite temples). By proceedings dated 26.4.1993 of the second respondent, 500 Archakas were selected and given pension. Out of 500, 75 archakas were from Tirunelveli Kattabomman District. Taking clue from this Government Order, the Tamil Nadu Village temple poojaries Peravai represented to the Government that they should also be paid monthly pension on their retirement. By G.O.Ms.334, Commercial Taxes and Religious Endowment Department, dated 9.9.1996 the first respondent sanctioned pension to 1500 village temple poojaries. This order did not give any specific reason as to why pension was being sanctioned to village temple poojaries, while thus sanctioning the pension to Archakas and village temple poojaries, the Government had failed to consider the claims of the other employees of the temples who are members of the petitioner/Sangam. These employees discharge vital duties and in fact the good and efficient administration of a temple is as a result of the combined effort of all the employees - Archakas, poojaries, parisaragars, general assistants, florists etc. In fact in the absence of Archakas, parisaragars take over the functions as they also possess knowledge in vedas and the chanting of mantras and sastras. When such is the position, it is highly unreasonable, arbitrary and discriminatory to deny the relief of pension to the other members of the petitioner/Sangam. The members of the petitioner/Sangam are full time servants of the temple. Their posts are permanent and substantive. The temples in which they are working are under the control of the second respondent and are bound by the directions issued by the first respondent. They satisfy all the basic tests for being entitled to pension in Government Service, namely, emoluments are paid by the Government, they are permanent employees, and they are appointed by the Government permanently. The only difference between the members of the petitioner/Sangam and the government servants is that the appointments of the members of the petitioner/Sangam are under the control of the second respondent, but, even then, the second respondent is bound by the directions issued by the first respondent, though the funds are to be drawn from the temple sources. The Government in G.O.Ms.318, Education Department, dated 9.2.1977 sanctioned retirement benefits to the staff of the Tamil Nadu Iyal Isai Nadaga Mandram and the Tamil Nadu Ovium Nunkalai Kuzhu employees. There was no justifiable reason as to why the members of the petitioner/Sangam were denied the benefits. The second petitioner, who was working as Parisaragar in Ambasamudram, by representation dated 10.8.1996 requested the second respondent to sanction pension. However, this application was rejected by the second respondent by proceedings No.78013/96-II, dated 10.10.1996 slating that the Government have sanctioned pension only to Archakas, odhuvars, musicians and those who perform Devaparayanam and no pension is payable to parisaragars and other employees of the temple. This order is being impugned in the writ petition.

8. In reply, Mr. Sivagnanam, learned counsel for the petitioners, submitted with particular reference to the preamble of the Act and Section 12(2) and 55(1) that the members of the first petitioner/Sangam are government servants and therefore they are entitled to have a direction for grant of pension. Under the Pension Scheme 1992, an archaka is defined as to mean and include any person who had traditionally inherited the reciting of Vedas and Agamas in the sanctum santorum of the temple at Kalapoojas and who had proficiency and rich experience in reciting Vedas and Agamas and conducted various Yagams, Homams and Kumbabishekams in Samy, Amman, Vinayakar, Murugan, etc. temples and who performed samprokshanam in respect of Vaishnavite temples and who had been recognised and accepted as archaka by the general public of the area or the temple authorities or any person qualified under a recognised vedic institution or acknowledged as a Vedic Scholar. Under the Pension Scheme, a Sanction Committee is to be constituted, consisting of the Commissioner, Hindu Religious and Charitable Endowments Department, as the Chairman, a scholar in Saiva Veda Agamas, a scholar in Vaishnava Veda Agamas, Deputy Secretary/Joint Secretary to Government, Commercial Taxes and Religious Endowments Department, Personal Assistant to Commissioner, who will be the convener of the Committee. The non-official member is to be nominated by the Government for a period of three years. The Sanction Committee is to scrutinise the pension application forms of eligible persons and make recommendation to the Commissioner, Hindu Religious and Charitable Endowments Department, for sanction of pension. The Commissioner is to be the Administrator of the Scheme and to issue pension order based on the recommendation of the Sanction Committee. The expenditure will be debited to "2250.00 Other Social Service-800, Other expenditure-1. Non-plan AQ, Grant of Pension to Archakas in indigent position - 27. Pensions (D.P. Code No.2250.00 800 AQ 2700)". The approval of the legislature was to be obtained in due course and pending approval, the expenditure was to be met by an advance from the Contingency Fund. The Commissioner, Hindu Religious and Charitable Endowments (Administration) Department, was to apply for the advance in the prescribed pro forma by the finance (Budget-I) Department, for the sanction of advance from Contingency Fund. It is not necessary to refer to other Rules in the pension scheme.

"If the Boards have been entrusted with the responsibility of supervising and administering the Wakf, then it is their duty to harness resources to pay those persons who perform the most important duty, namely, of leading community prayer in a mosque, the very purpose for which it is created."

The Supreme Court ultimately gave directions for preparation of a scheme to give relief to the Imams. The Supreme Court further directed that the scheme framed by the Central Wakf Board should be implemented by every State Board. The Kerala Bench rejected the stand of the Government that the powers conferred on the Wakf Board under the Wakf Act were different and distinct from the powers conferred before it under the Hindu Religious And Charitable Endowments Act. The Bench considered the various provisions in the Hindu Religious and Charitable Endowments Act and provisions of the Wakf Act and came to the conclusion that there was no difference in the matter of supervision and control of the religious institutions by the Hindu Religious and Charitable Endowment Department and the Wakf Board in the case of Wakfs. It also relied on the Preamble to the Hindu Religious and Charitable Endowments Act which suggested that the Act was intended not only for the better administration of the Hindu Religious and Charitable Institutions, but also their governance. 'Governance' meant to rule with authority. The Department, according to the Bench, was the predominant force as far as the temples in Malabar were concerned. The principles laid down by the Supreme Court in the Imam's case were sqaurely applied to the facts of the case before it. The Bench further rejected the case made on behalf of the Government that the grievances of the employees could be redressed only consistent with the financial position of the Government. The Bench observed that it was not open either to the Government or to the Department to throw up their hands in despair and say that they were not possessed of sufficient funds to meet the demands of the temple employees, that the Department which was authorised by the Act to administer and given the endowments had thus a duty to harness the resources and to pay living wages as suggested by the Supreme Court in the Imam's case.

(1) The Government of Tamil Nadu and the Hindu Religious and Charitable Endowments Department shall prepare a scheme on the lines of the scheme prepared for the Archakas, Odhuvars, Vedaparayanas, Divya Prabandham Paduvors, Araiyars and Musicians, for giving retirement benefits to the 'other' servants of temples of Tamil Nadu under the administration and governance of the Hindu Religious and Charitable Endowment Department, within a period of six months from today.

(2) It is the sole responsibility of the respondents to mobilize the funds for meeting the financial commitment by enforcing recovery proceedings from the recalcitrant tenants sqatting on the properties on the various temples without paying the lease amounts or from other sources, and, (3) The Scheme to be implemented within a period of one year thereafter.