Single Judge Writ Petition seeking Mandamus to appoint watchmen uniformly in all HR & CE Department temples and regularize salaries. The Court rejected the generic claim, stating decisions on security staffing are for individual temple administrations/trustees, and a State-wide cadre was not advisable.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.11.2021
CORAM :
THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
WP NO.23708 OF 2021
Ayyaa
.. Petitioner
Vs.
1. Government of Tamil Nadu, through Chief Secretary, Chief Secretariat, Chennai, Tamil Nadu.
2. Government of Tamil Nadu, through HR & CE Department Secretary, Tamil Nadu Government, Fort St. George, Chennai.
3. The Commissioner,
HR & CE Department, 119, Uthamar Gandhi Salai, Nungambakkam, Chennai 600 034... Respondents
Prayer: Petition filed under Article 226 of the Constitution of
India for issuance of a Writ of Mandamus directing the
respondents to appoint watchmen in all the temples and also to
regularize the salary of all the watchmen's working in the
temples equally by following the principle of "Equal Pay for
Equal Work" by considering petitioner's representation dated
29.07.2021 as expeditiously as possible within the time
stipulation as prescribed by this court.
For the Petitioner : Mr.N.U.Pressanna
For the Respondents : Mr.R.Shunmugasundaram
Advocate-General
assisted by
Mr.P.Muthukumar,
State Government Pleader.
ORDER
(Order of the Court was made by The Hon'ble Chief Justice)
The petitioner seeks the appointment of watchmen on a
uniform basis in all temples which are under the control of the
HR & CE Department in the State.
2. While it appears that not everything may be good with
the HR & CE Department and its supervision of temples, the
overwhelming number of matters and the extent of interest shown
in temple affairs are somewhat baffling.
3. As to whether a temple complex requires watchmen or
security guards or the like, is a decision pertaining to the
administration of the relevant temple which has to be taken by
the persons in administration thereof. Ordinarily, the
administration is conducted by the trustees at a temple in
conjunction with a fit person who may have been appointed in
respect of the temple or the Commissioner of the HR & CE
Department. There is no doubt that the HR & CE Department is
obliged to ensure that all the property at the various temples
under its control are protected, preserved and not wasted.
However, the decision as to whether any watchman has to be
appointed has to be left to the individual temple complexes and
a grievance in respect of a particular temple complex which is
neglected may be raised. Such a wide and generic issue cannot
be addressed by way of a public interest litigation nor is it
advisable for the State to install a watchmen cadre for all the
HR & CE monitored temples in the State.
4. Judicial notice has to be taken of the advertisements
recently issued by the State for the purpose of appointing
trustees at the various temple complexes. In another matter,
where the decision of the State to melt the gold offerings at
the temples was challenged, the court has required the gold not
to be sold or melted before trustees are installed at the
temples.
5. In other matters, repeated directions have been issued
for the State to protect the assets of the temples, including
the land which form a part of the property of the relevant
temples.
6. This ambitious petition for the purpose of setting up
a watchmen cadre in the HR & CE Department to guard the temple
complexes under the control of the department cannot be
entertained.
WP No.23708 of 2021 is disposed of. There will be no
order as to costs.
Sd/-
Assistant Registrar(CO)
// True Copy //
Sub Assistant Registrar
sra
To:
1. The Chief Secretary,
Government of Tamil Nadu,
Chief Secretariat, Chennai,
Tamil Nadu.
2. The Secretary,
Government of Tamil Nadu,
HR & CE Department,
Fort St. George, Chennai.
3. The Commissioner,
HR & CE Department,
119, Uthamar Gandhi Salai,
Nungambakkam, Chennai 600 034.
+1cc to M/s.N.U.Pressanna, Advocate, S.R.No.57502
+1cc to the Government Pleader, S.R.No.57368
WP No.23708 of 2021
NK(CO)
RLP(15/11/2021)
1 issue framed by the court
Whether the State can be directed to create a uniform watchmen cadre for all HR & CE Department temples under Article 226.
1 provisions across 1 enactments
Ayyaa
Government of Tamil Nadu, through Chief Secretary
Government of Tamil Nadu, through HR & CE Department Secretary
The Commissioner, HR & CE Department
Sanjeeb Banerjee
P.D. Audikesavalu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court