PVSSR JAGANNATHA CHARYULU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) In para 135 in A. S. Narayana Deekshitulu v. State of A. P. this court had directed, in addition to grant of the regular scales of pay, that other welfare measures be formulated and directed the government to constitute a permanent fund with, a sum of Rs. 75 crores to start with as corpus and to evolve procedure for spending the income to be derived therefrom towards welfare measures in respect of the Archakas, other employees and/or their dependants, as the case may be. A committee was directed to be constituted, as specified in the judgment. In accordance therewith, a committee was constituted by the government which has formulated a scheme for the welfare measures in respect of the Archakas and other employees of the temple and their dependants and religious institutions in the State of A. P. A deed of trust was designed to be executed by the Principal secretary to the government, Revenue Department of the State of A. P. with the objectives enumerated in the preamble, with nine members of the A. P. Endowments Archakas and Other Employees' Welfare Fund for its due administration.

(2.) It consists of the Chief secretary to the government of A. P. , Principal secretary to the government of A. P. , Revenue Department, secretary to the government of Andhra Pradesh, Finance Department, the Commissioner, Endowments Department, the Executive Officer of TTD, the FA and CAO of TTD, two representatives of the Archakas and one representative of the employees to be nominated by other trustees from time to time. The duration of the nominated committee is three years from the date of the nomination, i. e. , with reference to seven to nine. The Chief secretary shall be the Chairman of the Board of Trustees. The trust shall be administered and managed by the Board of Trustees. In this behalf, it is suggested that a retired Judge of the A. P. High court may be drafted as member of the Board. It is suggested across the Bar that a retired Judge of the A. P. High court may be nominated by the government to be a member of the Board of Trustees. His term also would be three years from the date of his nomination. We agree with the suggestion and hold that the Chief secretary, the Chairman of the Board of Trustees would approach the chief justice of the A. P. High court for nomination of a retired Judge of the A. P. High court to be a member of the Board of Trustees who may suggest the name. The chief justice may, out of the names suggested or in his own discretion, nominate any of the retired Judges of the A. P. High court as a member of the Board of Trustees. Nominees of Archakas may be from among the Archakas either sponsored by their Associations; one from Andhra Region and another from Telengana region being representative of the employees as is suggested in the deed of trust. From the date of the first meeting of the Board of Trustees, his term should begin to run. The objective of the trust has been mentioned in the deed which we have perused. All the objectives ofthe trust are self-explanatory and eloquent. We approve of the terms and conditions and the manner of management of the trust to cater to the needs of Archakas, employees and their family members etc. in terms thereof. ' Since it is a full-time work, we think that an officer from the ranks of Additional Commissioner from Endowments Department should be kept in charge of the management of the trust, to assist the Board of Trustees in the day-to-day management with sufficient secretariat staff. Shri P. P. Rao, learned Senior Counsel for the State, has agreed to the suggestion; and if recommendation is made, the government will create a post of Additional Commissioner in this behalf. We, accordingly, direct the government to create a post of Additional Commissioner, Endowments Department in the Office of the Commissioner of Endowments to be filled in from amongst in service officers who would be kept in charge of the day-to-day management of the trust and would be responsible for due implementation with sufficient establishment needed from time to time as may be considered appropriate by the government in this behalf.

(3.) It is also suggested that a direction may be given to the government of India to grant 100% exemption from income tax, as notified objectives, under Section 80-G of the Income Tax Act. The suggestion given is appropriate and we agree with and approve the same.