Endowments Act (for short, the `Act')
abolishing hereditary rights of archaka, mirasidars,
gamekars and other office-holders and servants like
hereditary Karnam of Dwarka ... this
batch of cases.
The petitioner is one of the Chief Priests (archaka) in
an ancient and renowned Hindu temple at Thirumala Tirupathi
known
appointment of ar-chakas. It read as under :
"22(1) Every archaka attached to or serving in the temple shall be
responsible ... Temple shall not interfere with the discharge of the
duties by the archaka as such.
(2) The archaka shall be entitled to such remuneration
possessing
the requisite qualification and training can be appointed as a Archaka in
Hindu temples”. An Ordinance (No. 5 /2006) dated 14.07.2006 followed the
aforesaid ... purpose behind further amendment of Section 55(2) in the following terms.
“Archakas of the Temples are to be appointed without any discrimination of
caste
Hereditary right of succession to office of
Archaka abolished--If violative of Arts. 25 and 26 of
Constitution.
HEADNOTE:
Section 55 of the Tamil Nadu ... Institutions (Officers and Servants)
Service Rules, 1964. Rule 12 provided that an Archaka, whether
hereditary or nonhereditary whose duty it is to perform Pujas,
shall
context of a
challenge made to abolition of hereditary right of Archaka, and
reiterated the position as hereunder:
"This Court in Sardar Syadna Taher ... made with the establishment of temples and the institution of
Archakas, noticing at the same time the further fact that the authority
of such Agamas
first petitioner/Sangam including the second petitioner as granted to the Archakas and Village Temple Poojaries.
3. The allegations in support of the writ petition ... registered Trade Union. The Accountants, Clerks, Record Clerks, Typists, Peons, Archakas, Maniam, Parisaragar, Madapalli, Kaliyachi, General Assistants, Florists, Odhuvaar, Day and Night Watchmen, Pattuppartuthi
naught the effect of the grant of ryotwari
patta to the archakas, service holders or employees covered
under the Act by a legislative side-wind ... State, contended
that since the legislature abolished hereditary rights of
archakas, service holders or other employees and introduced
payment of salary for them, the legislature
Devadayam inam lands which were granted to the Deity and that the Archakas were mismanaging the lands and misappropriating the income received therefrom Defendants ... archakas while defendants 8 to 39 are the tenants and alienees who claim under the archakas. The defence of the Archakas is that the lands
usage of the institution. The Court held that the
appointment of Archaka was a secular act even though after
appointment. Archaka had to discharge religious ... choice of the trustee
in the matter of appointment of an
Archaka is no longer limited by the
operation of the rule of next
September 1893. Defendants Nos. 10 to 15 are the representatives of the archakas of the temple who obtained the lease. The trustee of the temple ... time of the lease, Srinivasa Ayyangar, one of the archakas of the temple, was the trustee.
2. A number of defences was raised
