S.SUDHARSANAM Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Thiru.S.Sudharsanam, General Secretary, Tamil Nadu Senior Grade Temple Staff Association, Madurai and Thiru.S.Shaji, president of the same Association have filed W.P.(MD)Nos.2288 of 2022 and 2289 of 2022 respectively, challenging the Constitutional validity of G.O.Ms.No.132 Tourism, Culture and Religious Endowments [RE 4-2] Department dtd. 26/10/2021, whereby, Rule 17 of the Tamil Nadu Hindu Religious Institutions Employees (Conditions of Service) Rules, 2020 is amended and the Circular issued by the Commissioner, Hindu Religious and Charitable Endowments Department, dtd. 25/1/2022 bearing reference Na.Ka.No.6759/2015/D5, thereby framing consequential guidelines for transfer.

(2.) The case of the petitioners is that they are the office bearers of the Association as well as the employees of the Temple. It is their contention that, originally, the Tamil Nadu Hindu Religious Institutions Employees (Conditions of Service) Rules, 2020, (herein after referred to as "Rules"), were framed in exercise of the powers under Sec. 116 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 (herein after referred to as "Act").

(3.) Rule 17 of the said Rules provided for transfers and postings from one religious institution to another, with the approval of the Commissioner, viz., the second respondent and with the consent of the Executive Authorities of the religious institutions, after considering the objections of the employees. Now by the impugned amendment, apart from inserting the words "by the appointing authority" after the word transfer in Rule 17 (1), a new Sub-Rule (4) to Rule 17 is inserted, whereby, power is conferred on the Commissioner to transfer the employees of the religious institutions to other religious institutions having Executive Officer of the same Grade, in the interest of administration.