Holding

The Court approved the committee's recommendations, holding that fixation of pay scales and honoraria are permissible customary honours under Section 142 and that the classifications are valid and not arbitrary.

Summary

The Supreme Court examined the recommendations of a committee appointed to determine the pay scales, honoraria and classification of hereditary religious staff of the Tirumala Tirupati Devasthanams (TTD) under the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987. The petitions challenged the validity of fixing such scales and the classification of Archakas, Potu workers and other religious functionaries, alleging arbitrariness and violation of custom and usage protected by Section 142. The Court held that the fixation of scales and payment of honoraria constitute customary honours permissible under the Act and that the committee's classifications are reasonable and not arbitrary. It approved the committee’s recommendations, subject to the Government’s freedom to revise cadre strength and incentives, and ordered the petitions to be disposed. The judgment also affirmed the constitutional validity of Chapter IV of the Act, previously upheld in A.S. Narayana Deekshitulu v. State of A.P. (1996).

Issues considered

The validity of the committee's recommendations fixing pay scales and honoraria for hereditary religious staff under Section 142 of the Andhra Pradesh Endowments Act, 1987
Whether the classification of Archakas into four categories and Potu workers into three categories is arbitrary or violative of custom and usage
Whether the Government may revise cadre strength, incentives and create new posts while preserving customary honours
Whether pre‑emptory notice requiring hereditary office‑holders to join the service and the consequences of non‑joining are lawful

Legislation cited

Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987s. 142, s. 144

Subjects

pay scaleshonorariumhereditary religious officesSection 142custom and usageArchaka classificationreligious staffconstitutional validityChapter IVEndowments Act

Judgment

A A.S. NARAYANA DEEKSHITULU ETC.
v.
STATE OF ANDHRA PRADESH AND ORS.

MAY 9, 1997

B [K. RAMASWAMY AND D.P. WADHWA, JJ.]

Andhra Pradesh Chmitable and Hindu Religious Institutions and En-
dowments Act, 1987: Section 142.

C Hindu law--Thirumala Tirupati Devasthanams-Venkateswara-
Swamy (Balaji Temple}-Archakas and other office bearers-Abolition of
hereditmy 1ights--Direction by Supreme Court for constitution of a Commit-
tee-Detennination of payment of salmy to the holders of the ·office on
hereditary basis prior to abolition of hereditmy rights-Report submitted by
Committee to Govemment-Recommendations accepted by Govemment
D with and without modifications-Approval of recommendations by Supreme
Cowt.

While upholding the constitutional validity* of Chapter IV of the
Andhra Pradesh Charitable and Hindu Religious Institutions and Endow·
E ments Act, 1987 this Court gave a direction to constitute a Committee to
determine the payment of salary to the holders of the office on hereditary
basis prior to the abolition thereof. As per the directions of this Court the
Committee submitted its report to the Government which considered the
Committee's recommendations and along with its comments and sugges·
tions submitted the same to this Court for further approval.
F
Disposing the petitions, this Court

HELD : 1. The fixation of the scales of pay and payment of
honorarium are customary honours provided under the Act. The recom·
G mendations as accepted by the Government, with or without modifications,
are approved. [340-B]

2. The Committee has recommended the rationalisation of the pay·
scales and payment of honorarium to the Archakas, Poto workers and
other religious staff, Sri Pedda Jeeyangar and Sri China Jeeyangar relat-
H ing to ITD. This recommendation has been accepted subject to allowing
328
A.S.N. DEEKSHITULUv. STATE 329

full freedom to revise the cadre strenth emoluments, incentives etc., to be A
offered to its religious staff depending on the exigency of work, administra·
tive convenience etc. The sc~les of pay and payment of honorarium would
be determined as accepted by the Government. [332-C-E]

3. The Committee has recommended to the Government to examine
the provisions of Section 142 regarding the honours to be extended as per B
the customs and usages to the Archakas, Pedda Jeeyangar, China Jeeyan·
gar, Acharyapurushas, Ekangies, Adhypakas and others. They have been
designated by the Committee as erstwhile mirasidars etc. doing
kainkaryamas of sevas in the temples. The Government has rightly ac-
cepted the recommendation. [335·A·B] C
4. The Committee has recommended four categories of Archakas,
viz. Pradhana Archakas, Upa-pradhana Archakas, Mukhya Archakas and
Archakas in the temples under the control of TTD, in the time-scale
attached to the Deputy Executive Officer, Assistant Executive Officer,
Superintendent and Senior Assistant in the Devasthanams. The hereditary D
Archakas have been designated in the first category and rest of them have
been treated as based upon the length of service and seniority etc. The
fixation of the scales of pay and the classification of Archakas into four
categories is perfectly valid. [335-C; HJ
E
5. The Committee has recommended three categories, out of four, of
gamekars whose designations find place in the acceptance of the recom·
mendations and, therefore, their enumeration as Poto Supervisor, Poto
worker (Senior) and Poto Worker (Junior) in the time scale of pay
respectively of the secular staff is identical to their designations and the
status they enjoyed in the service under the TTD. The recommendation F
and acceptance thereof subject to the limitations prescribed by the Govern·
ment is approved. [336-D; El

6. The Committee's recommendation regarding determination of
cadre strength and grant of scale of pay to other workers has also been G
accepted by the Government subject to the limitations prescribed. The
same stands approved. [337-B]

7. The recommendation of the Committee relating to appointment of
Ekangies and Adhyapakas as per the custom and usage, by Sri Pedda
Jeeyangar and putting them under the control of Sri Pedda Jeeyangar, as H
330 SUPREME COURT REPORTS [1997] SUPP. 1 S.C.R.

A being done presently, has been accepted by the Government with specific
conditions. The same is quite reasonable. [337-F-G]

8. The Committee has recommended payment of honorarium of Rs.
10 lakhs per annum to Sri Pedda Jeeyangar and Rs. 5 lacs per annum to
Sri Chinna Jeeyangar for meeting the expenditure connected with
B Kainkaryams being performed by them including remuneration payable to
the Ekangies and Adhyapakas as may be fixed by them. Since they have
been provided with adequate funds, it is open to the Pedda Jeeyangar to
appoint such number of staff etc. as recommended by the Committee and
accepted by the Government. This recommendation has been accepted by
C the Government subject to notification as regards honorarium. Thus the
Government itself has given liberty to the Board subject to the approval
of the Government to grant such honorarium as is given by the TID to
Pedda Jeeyangar. [337-H; 338-A-B]

9. The Committee has recommended that apart from the
D honorarium the Management may examine the desirability of providing or
extending honours to Sri Pedda Jeeyangar and Sri Chinna Jeeyangar
without prejudice to the provisions laid down under Section 142 of the
Endowments Act and also to take steps for suggesting necessary amend-
ments to the Act and Rules as they are the Head of the Mutt doing
E Kainkaryams in the temples. This recommendation has been accepted by
the Government unconditionally and the same is approved. [338-C-D]

10. The Committee has recommended that in future whenever there
is necessity for creating additional post/cadre for Archakas, Potu workers
etc. taking into account the due importance to be given to the traditions
F of the temple and also the administration of the temple, the Thirumala
Tirupati Devasthanams administration would be free and. to take ap·
propriate action as a measure of flexibility. However, the Additional Com-
missioner of Endowments and Joint Secretary/Deputy Secretary to
Government (Endowments) shall act as members of the Committee con·
G stituted by Executive Officer, TIDs for such revision/creation of posts. The
present system of obtaining Government's clearance for creation of the
posts is to be continued, as accepted by the Government. The same should
be made applicable with regard to the religious staff as well. [338-E-G]

11. The Committee has recommended that as and when the present
H incumbent in the religious staff retires or demits the office or otherwise,
AS.N. DEEKSHITULUv. STATE[K.RAMASWAMY, J.] 331

the person in their family should be considered on priority basis for filling A
of that post or allowing him to do the service to preserve the custom and
usage taking into consideration the suitability in rendering services apart
from the qualifications required. The Government has accepted the recom·
mendation subject to all other things being equal in competitive require·
ment. It is accordingly approved. [338-H; 339-A-B] B
12. Pre-emptory notice has been given to all the Archakas and
Mirasidars directing them to join the services. However, some of them
have not responded so far. One month's time from the date of judgment
is granted to them to enable them to join, as the last chance, the se~ces
if they so desire. In case they do not join within the said time, they will C
forfeit their entitlement and no benefit, except the customary honours
protected under the Act would be given to them. [339-D-E]

* A.S. Narayana Deekshitulu v. State of A.P. & Ors., [1996] 9 SCC
548; referred to. D
CIVIL ORIGINAL JURISDICTION: Writ Petition (C) No. 638 Of
1987 Etc. Etc.

D.D. Thakur, P.P. Rao, Hardev Singh, Dr. Gauri Shankar, C.
Mukund, T.V. Ratnam,' B. Kanta Rao, K. Ram Kumar, C. E
Balasubramaniam, Mrs. Asha Nair, V. Balaji, N. Ganapathy, A.T.M. Sam-
path, Ms. Madhu Moolchandani, S. Markandeya, Mrs. Chitra Markandeya, ·
Ms. Meenakshi Aggarwa~ A. Subba Rao, A.D.N. RAo, V. Balachandran,
Jain Hansaria & Co., P.N. Ramalingam, B. Parthasarathy, Y.P. Rao, Ms.
Sadhna Ramachandran, Mrs. B. Sunita Rao and Ms. H. Wahi, for the F
appearing parties.

The Judgment of the Court was delivered by :

K. RAMASWAMY, J. Validity of Chapter IV of the Andhra Pradesh
Charitable and Hindu Religious Institutions and Endowments Act, 1987 G
(for Short, the 'Act') was assailed on the anvil of the constitutional rights
enshrined under Articles 25 and 26 of the Constitution. This Court inA.S.
Narayana Deekshitu/u v. State of A.P. & Ors., [1996] 9 SCC 548, has upheld
the constitutionality thereof. However, along with other matters, direction
was given to constitute a committee with the named officers to determine H
332 SUPREME COURT REPORTS [1997] SUPP. lS.C.R.

A the payment of salary to the holders of the office on hereditary basis prior
to the abolition thereof. Consequently, the Committee came to be con-
stituted to go into the questions and it submitted its report to the Govern-
ment, as per the direction of this Court, and the Government was required
to consider the recommendations and in turn submit its report to this Court
B for further approval. Thus, the recommendations along with Government's
comments/modalities suggested thereto, have been placed before us. We
now proceed to dispose of the Applications/Petitions.

The Committee has recommended the rationalisation of the pay-
scales and payment of honorarium to the Archakas, Potu Workers and
C others religious staff, Sri Pedda J eeyangar and Sri China J eeyangar relating
to ITO. The Government's comment thereon is as under:

"The recommendation of the committee is accepted subject to
allowing full freedom to revise the cadre strength, emoluments,
incentives etc., to be offered to its religious staff depending on the
D exigency of work, administrative convenience etc."

It is seen that Chapter XIV is a complete code in that behalf and,
therefore, the scales of pay and payment of honorarium to the Archakas,
Potu Workers, Sri Pedda Jeeyangar and Sri China .Jeeyangar would be
E determined as accepted by the Government. In this behalf, the following
scales of pay have been given to the Archakas, Potu workers and other
officer holders:

Pay scales of Archakas etc. of TTD
as approved by the State Government
F
SI. No. Designation Pay Scale
1. Pradhana Archaka Rs. 4400-160-5200-190-6150-230-
7300-280-8700
2. Upa Pradhana Rs. 3310-110-3750-130-440-150-
G Archaka 5200-190-6150-230-6840
3_ Mukhya Archaka Rs. 3110-90-3200-110-3750-130-
4400-160-5200-190-6150-230-6380
4. Archaka Rs. 2375-75-2750-90-3200-110-
3750-130-4400-160-5040
H
AS.N.DEEKSHITULUv. STATE[K.RAMASWAMY, J.] 333

5. Potu Supervisor Rs. 3110-90-3200-110-3750-130- A
4400-160-5200-190-6150-230-6380
6. Potu Worker Rs. 1745-40-1825-50-2075-60-
(Senior) 2375-75-2750-90-3200-110-3420
7. Potu Worker (Junior) Rs. 1595-30-1625-40-1825-50-
2075-60-2375-75-2750-90-3020
B
8. Cleaner Rs. 1375-25-14 75-30-1625-40-
1825-50-2075-60-2375

- SL No.
1.
2.
Designation
Tholppachar
Siddanti
Honorarium
Rs. 7,500 per annum
Rs. 5,000 per annum
c

3. Kotikanyakamdar Rs. 1,116 per annum
4. Acharya Purusha Rs. 5,000 per annum
(4 families) per family
D
5. Ratham Rs. 1,116 per each Ratham Festival
(6 families) Per each family
6. Thiruchoornalu Rs. 9,000 in lumpsum per annum to
all persons p_erforming this service E
7. Dolu Rs. 9,000 in lumpsum per annum to
all presons performing this service
8. Sanna Dolu Rs. 9,000 in lumpsum per annum to
all presons performing this service
9. Divity Rs. 9,000 in lumpsum per annum to F
all presons performing this service
10. Flower Tier Rs. 9,000 in lumpsum per annum to
all presons performing this service

SL No. Designation Pay scale or Honorarium G
1. Pedda Jeeyangar Honorarium per year subject to
revision to be fixed.
2. Chinna Jeeyangar Honorarium per year subject to
revision to be fixed.
H
334 SUPREME COURT REPORTS (1997) SUPP. 1 S.C.R.

A 3. Sama Vadyar Rs. 1745-40-1825-50-2075-60-2375-
75-2750-90-3200-110-3420
4. Purohitham Rs. 2375-75-2750-90-3200-110-3750-
130-4400-160-5040
5. Yamunotharai Rs. 1595-30-1625-40-1825-50-2075-
B 60-2375-75-2750-90-3020
.
6. Bhashyakarulu Rs. 1595-30-1625-40-1825-50-2075-
60-2375-75-2750-90-3020
7. Golla Rs. 1595-30-1625-40-1825-50-2075-
60-2375-75-2750-90-3020
c 8. Thallapakam Rs. 2375-75-2750-90-3200-110-3750-
130-4400-160-5040
9. Theethavasi Rs. 1595-30-1625-40-1825-50-2075-
60-2375-75-2750-90-3020

D 10. Bokkasamdar Rs. 2375-75-2750-90-3200-110-3750-
130-4400-160-5040
-
11. Utharaparapathya Rs. 1595-30-1625-40-1825-50-2075-
dar 60-2375-75-2750-90-3020
12. Kaikalanirvahaka Rs. 1595-30-1625-40-1825-50-2075-
E 60-2375-75-2750-90-3020
13. Ramaswami Pasika Rs. 1595-30-1625-40-1825-50-2075-
60-2375-75-2750-90-3020
14. Po tu Store Rs. 1595-30-1625-40-1825-50-2075-
Assistant 60-2375-75-2750-90-3020
F 15. Maniamdar Rs. 1595-30-1625-40-1825-50-2075-
60-2375-75-2750-90-3020
16. Paricharaka Rs. 1595-30-1625-40-1825-50-2075-
60-2375-75-2750-90-3020
17. Tulasi Brahmin Rs. 1595-30-1625-40-1825-50-2075-
G 60-2375-75-2750-90-3020
18. Divity Man Rs. 1375-25-1475-30-1625-40-1825-
50-2075-60-2375
19. Sweeper Rs. 1375-25-1475-30-1625-40-1825-
50-2075-60-2375
H
'•·

AS.N.DEEKSHITULUv. STATE[K.RAMASWAMY, J.] 335

The Committee has recommended to the Government to examine A
the provisions of Section 142 regarding the honours to be extended as per
the customs and usage to the Archakas, Pedda, Jeeyangar, China Jeeyan-
gar, Acharyapurushas, Ekangies, Adhyapakas and others. Those persons
have been designated by the Committee as erstwhile mirasidaras etc. doing
kainkaryams or sevas in the temples apart from giving remuneration or B
honorarium as recommended in the Committee's report. The Government
has accepted the recommendation and, according to us, rightly.

The Committee has further recommended four categories of Ar-
chakas, viz., Pn.dhana Archakas, Upa-Pradhana Archakas, Mukhya Ar-
chakas and Archakas in the temples under the control of TTD, in the C
time-scale attached to the Deputy Executive Officer, Assistant Executive
· Officer, Superintendent and Senior Assistant in the Devasthanams. The
Government has accepted the said recommendation subject to 'provision
contained in decision No.1', viz., Government's decision in the first para-
graph of the recommendations which we have approved hereinabove. D.

In this behalf, Shri Thakur, their learned senior counsel, contended
that the erstwhile Mirasidars held the positions in religious dignity. They
cannot be classified and brought on par with the secular staff enumerated
hereinbefore. It is an affront to their religious status. The erstwhile office E
holders appear to have misunderstood its scope. Their classification as
equivalents of secular staff is only for the purpose of identifying the status
and scales of pay but not with any other intention to degenerate them.
Whatever customary honours they have held prior to abolition, stood
protected by Section 142 of the Act constitutionality of which has already F
been upheld by this Court subject to the observance of and meeting out
customary honours to them. In this behalf, it is not necessary to separately
reiterate the undertaking given by Shri P.P. Rao, which was made part of
the judgment and assured under Section 142 of the Act.

Shri Thakur further contended that the classification of Archakas G
into four categories is without any basis and is arbitrary. We find no force
in the contention. It is stated in that behalf by Shri P.P. Rao, learned senior
counsel appearing for the State Government and the TTD that the
hereditary Archakas have been designated in the first category and rest of
them have been treated as based upon the length of service and seniority H
\/
336 SUPREME COURT REPORTS [1997] SUPP. 1 S.C.R.

A etc. We find that the classification made by the Committee and accepted
by the Government is accordingly valid. It is then contended that the
fixation of the scales of pay being without any basis, is arbitrary. We
directed Shri Rao to place before us the Committee report and material
on, the basis of which the Committee made the recommendations. On
B perusal thereof, we find that the fixation of the scales of pay and the
classification of Archakas into four categories is perfectly valid and merits
no further consideration. It is accordingly upheld. He further contended
that distribution of Laddoos is inconsistent with the customary entitlement
Mirasidars had prior to abolition and that, therefore, the absence of
recommendation and consideration by the Government is bad in law. We
C find no force in the contention. Section 144 deals in that behalf with all the
situations and as constitutionality thereof has already been upheld, they are
not entitled to any distribution of Laddoos except as is provided in the
provisions of the Act.

D The Committee has recommended three categories, out of four, of
gamekars whose designations find place in the acceptance of the ~ecom
mendations which were already enumerated and, therefore, their enumera-
tion as Potu Supervisor, Potu worker (Senior) and Potu worker (Junior) in
the time scale of pay respectively of the secular staff is identical to their
E designations and the status they enjoyed in the service under the TTD. We
find that the recommendation and acceptance thereof subject to para No.l
is valid. It is accordingly approved.

The next recommendation is that the persons possessing 8 years of
F service and more are to be given Potu worker (Senior scale); persons with
8 years and below of service are to be designated as Potu worker (Junior
scale). Since the Government has already accepted the pay-scales and we
have upheld the same, no further separate consideration is needed in that
behalf. It is accordingly approved.
G
It is further recommended that incentives which are being
given to Potu workers should be continued but beyond preparation of
25,000 Laddoos so as to enable the Potu workers to prepare maximum
number of Laddoos to meet the demand. This recommendation has been
H accepted by the Government unconditionally. We approve of the same.
AS.N. DEEKSHITULUv. STATE[K.RAMASWAMY, J.) 337

The Committee has further recommended determination of cadre A
strength and grant of scale of pay to other workers, viz., Samaveda Vaidyar,
Purohitham, Yamunotharai, Bhashyakarlu, Golla, Tallapaka, Theerthavasi,
Bokkasamdar, Uttaraparupathyadar, Ramaswami Pasika, Maniamdar,
Potu Store Assistant, Thulasi- Brahmin, Paricharakas, Divitymen,
Thiruchoornalu, Dolu, Sanna Dolu and Flower tiers etc. This recommen- B
dation has also been accepted by the Government subject to the limitations
prescribed in para No.1 of the recommendations referred to hereinbelow
and has already been upheld by this Court. Therefore, the same stands
approved.

Next recommendation of the Committee is determination of cadre C
strength and payment of honorarium to certain other office holders, viz.,
Thollappachar, Sidhanthi, Kotikanyakadanamdar, Acharya Purusha and
Radham while treating these posts as unique posts for the reason of
performing the service of Kainkaryams occasionally. The Government has
accepted the said recommendation unconditionally and we approve of the D
same.

The Committee has further recommended that the Kainkaryams
performed by Sri Pedda Jeeyangar and Sri China Jeeyangar should be
treated as one performed by the institutions consisting of Sri Pedda J eeyan- E
gar and Sri Chinna Jeeyangar, Ekangies and Adhyapakas. This is accepted
by the Government in toto and we find it reasonable to uphold the same.

Next recommendation of the Committee relating to appointment of
Ekangies and Adhyapakas as per the custom and usage, by Sri Pedda
F
Jeeyangar and putting them under the control of Sri Pedda Jeeyangar, as
being done presently, has been accepted by the Government with specific
conditions. Government is of the view that all appointees of Pedda J eeyan-
gar should be paid by him alone with the honorarium to be given to him
by TTD. It is seen that the honorarium on annual basis is being provided
to Pedda Jeeyangar and Chinna Jeeyangar and we fmd that the same is G
quite reasonable.

It is next recommended that payment of honorarium of Rs. 10 Iakhs
per annum to Sri Pedda Jeeyangar and Rs. 5 lacs per annum to Sri Chinna
:.:.:~
Jeeyangar for meeting the expenditure connected with Kainkaryams being H
338 SUPREME COURT REPORTS (1997] SUPP. 1 S.C.R.

A performed by them including remuneration payable to the Ekangies and
l
Adhyapakas as may be fixed by them. Since they have been provided with ··
adequate funds, it is open to the Pedda Jeeyangar to appoint such number
of staff etc. as recommended by the Committee and accepted by the
Government. This recommendation has been accepted by the Government
B subject to notification as regards honorarium. It would thus be seen that
the Government itself has given liberty to the Board subject to the approval
of the Government to grant such honorarium as is given by the TTD to
Pedda Jeeyangar.

The Committee has further recommended that apart from the
C honorarium the Management may examine the desirability of providing or
extending honours to Sri Pedda Jeeyangar and Sri Chinna Jeeyangar
without prejudice to the Provisions laid down under Section 142 of the
Endowments Act and also to take steps for suggesting necessary amend-
ments to the Act and Rules as they are the Head of the Mutt doing
D Kainkaryams in the temples. This recommendation has been accepted by
the Government unconditionally and we approve of the same.

It is further recommended that "in future whenever there is necessity
for creating additional post/cadre for Archakas, Potu workers etc. taking
E into account the due importance to be given to the traditions of the temple
and also the administration of the temple, the Thirumala Tirupati Devas-
thanams administration would be free and to take appropriate action as a
measure of .flexibility. However, the Additional Commissioner of Endow-
ments and Joint Secretary/Deputy Secretary to Government (Endowments)
shall act as members of the committee constituted by Executive Officer,
F TTDs for such revision/creation of posts." The present system of obtaining
Government's clearance for creation of the posts is to be continued, as
accepted by the Government. The Act itself in Chapter IV envisages the
control by the Government in creation of posts etc. The same should be
made applicable with. regard to the religious staff as well.
G
The Committee further recommends that "as and when the present
incumbent in the religious staff retires or demits the office or otherwise,
the person in their family should be considered on priority basis for filling
of that post or allowing him to do the service to preserve the custom and
H usage taking into consideration suitability in rendering services apart from
A.S.N.DEEKSHITULUv. STATE[K.RAMASWAMY, J.] 339

the qualifications required." The Government has accepted the recommen- A
·• dation subject to all other things being equal in competitive recruitment.
However, the main concern should be to preserve the customs and usage
with a view to protect the sanctity of the religious rituals. The Government
itself has been taking care to preserve the sanctity of the religious rituals.
Nothing more needs to be said in this behalf. It is accordingly approved. B

The Committee has further recommended that the honorarium
proposed in respect of the posts like Sri Pedda Jeeyangar, Sri Chinna
J eeyangar etc. is subject to revision by the TTD authorities for every five
years. The Goyernment has settled that there is no need to prescribe a
specific period. Enabling power shall vest with the TTDs and Government C
shall have review and revisional powers as and when needed. We think that
the acceptance by the Government with the above modality is perfectly
correct and is warranted in the circumstances.

It is reported that pre-emptory notice has been given to all the D
Archakas and Mirasidars on February 6, 1997 directing them to join the
services. However, some of them have not responded so far. One months,
time from today is granted to them to enable them to join, as the last .
chance, the services if they so desire. ln case they do not join within the
said time, they will forfeit their entitlement and no benefit, except the
customary honours protected under the act and given to them. It is brought E
to our notice that some Archakas rendering service in the temple, interim
payment after the judgment, fixed at Rs. 1500 'p~r month, is being given as
Sambhavana and Rs. 300 per month as boarding allowance. As regards
those working as Gamekars, equally, final notice was given to them on the
said date requiring them to join the services but they have also not joined. F
It would be open to those who were rendering services prior to the delivery
of the impugned judgment, to join service within 30 days from today. In
case they do not join, they will not be entitled to any of the benefits except
the customary benefits protected under Section 142 of the Act.

It is then stated that Potu workers are being paid, after the judgment, G
interim payment between Rs. 50 to Rs. 70 per day depending upon their
work wit!i suitable incentive for work and as night allowance. Equally they
have been paid wages, for the period from March 1996 to January 1997, to
the extent of_ Rs. 20 lacs and incentive to the extent of Rs. 26 lacs, after
deducting income tax payable by them. The above payments are subject to H ··-
340 SUPREME COURT REPORTS (1997] SUPP. 1 S.C.R.

A approval by the Government. The regular scales of pay now approved be
paid from the date of the judgment inA.S. Narayana Deekshitulu case. i.e.,
May 9, 1997.

Thus, we hold that the fixation of the scales of pay and payment of
honorarium are customary honours provided under the Act. The recom-
B mendations as accepted by the Government, with or without modifications,
are accordingly approved.

!As/Petitions are disposed of accordingly.

T.N.A Petitions disposed of.

.
y