Singaravelan vs The Government of Tamil Nadu & Ors

The petitioner herein - Othuvar in Arulmighu Thiru Ilanjikumarar Thirukovil, Ilanji, via Tenkasi, Tirunelveli District, alleging that he has been paid a very meagre salary, has approached this Court seeking a writ of Certiorarified Mandamus to call for the records of the second respondent in RP.No.114/2014/D2, dated 06.07.2015 and quash the same and further direct the respondents to re-fix the petitioner''s salary as per G.O.(Ms)No. 141, dated 21.05.2004 and G.O.(Ms)No.257, dated 30.06.2010.

It is the case of the petitioner that he belongs to the traditional Othuvar family, who dedicated their services to Lord Shiva and Lord Muruga. They perform chanting of ''Thirumuraigal'' in the temples in Tamil Nadu. The petitioner is working as Othuvar in the third respondent temple from 03.01.1980. Though he had put in 37 years of service as Othuvar, he has neither been regularised nor given service increments.

He further stated that the Government vide G.O(Ms)No.141, dated 21.05.2004, fixed the salary for various staff members working in the temples and according to the said Government Order, the scale of pay for Othuvar is fixed as Rs.2000-60-2300-75-3200. The said Government Order came into force by the first respondent, by order dated 04.06.2004, giving effect from 01.07.1997. Despite several reminders, the claim of the petitioner was not attended so far. Thereafter, the third respondent, by order dated 05.04.2000, recommended the case of the petitioner for fixation of salary as per G.O(Ms)No.141, dated 21.05.2004, with effect from 01.07.1997.

It is contended by the petitioner that the Government, by G.O. (Ms)No.257, dated 30.06.2010, revised the salary for Othuvars and re-fixed the scale of pay as Rs.3300-9900. However, no benefit has been given to the petitioner by virtue of the aforesaid Government Orders and hence, the petitioner made a representation to the fourth respondent on 05.11.2004, seeking revision of salary with effect from 01.07.1997 in accordance with G.O.No.141, dated 21.05.2004. Thereafter, the petitioner made a representation dated 06.10.2010 to the Joint Commissioner, H.R. & C.E., Department, Tirunelveli, seeking early revision of his scale of pay, however, the Joint Commissioner rejected the claim of the petitioner and thus, a revision has been filed before the second respondent, however, the same was dismissed. Aggrieved thereby, the present writ petition is filed.

The second respondent filed the counter affidavit, inter alia, contending that Arulmighu Thiru Ilanji Kumarar Temple, Ilanji, Tirunelveli District, is a listed institution published under Section 46(ii) of the Act 22 of 1959 and is under the supervisory and administrative control of the H.R. & C.E., Department. The said temple is administered by a Fit Person and the Executive Officer of Grade II appointed under Section 45(1) of the Act. Thereafter, the Executive Officer has been appointed as Fit Person of the temple under Section 47(1)(c) of the Act, to perform the functions of the Board of Trustees. Further, it is contended that the petitioner submitted an application on 06.10.2010 for fixation of his scale of pay as per G.O.Ms.No. 141, dated 21.05.2004 and also filed W.P(MD)No.4147 of 2014 before this Court and this Court, by order dated 10.03.2014, directed the third respondent herein to consider the petitioner''s representation dated 26.10.2010 and pass appropriate orders on merits and in accordance with law within six weeks from the date of receipt of a copy of the order. Accordingly, the third respondent rejected the claim of the petitioner and hence, the petitioner filed a revision before the second respondent and the same was also dismissed, confirming the order passed by the third respondent.

According to the second respondent, as per G.O.Ms.No.257, dated 10.06.1998, the scale of pay of the petitioner was fixed as Rs. 1350-30-1440-1600-50-2200 and thereafter, as per the proceedings of the second respondent vide Pro.C.No.1603/2010, B2, dated 29.10.2010, the scale of the petitioner was fixed at Rs.1800-5400 with Grade Pay of Rs.500/- with effect from 01.07.2008 and the petitioner also received the arrears without having any objection to the said fixation of scale of pay.

In the counter affidavit, the second respondent further stated that the post of Othuvar in the temple is not a full-time work like other employees of the temple and the petitioner attended only two or three kala poojas out of six kala poojas and recited Thevaram, Thirumanthiram and Thiruvasagam, etc. While denying the allegation of the petitioner that the post of the petitioner was not regularised, it is contended that as per G.O.Ms.No.257, dated 10.06.1998, the scale of pay of the petitioner was revised and the arrears were also paid to him. However, it is admitted by the second respondent that the enhanced Grade Pay as per G.O.Ms.No.183, dated 29.08.2011 was not drawn and paid to all the temple employees, due to paucity of funds and thus, prayed for the dismissal of this writ petition.

Heard the submissions of Mr.T.S.R.Venkataramana, learned Counsel for the petitioner, Mr.VR.Shanmuganathan, learned Special Government Pleader appearing for the respondents 1 to 3 and Mr.C.Guhaseelarupan, learned Counsel for the fourth respondent and perused the materials available on record.

At the outset, this Court feels it appropriate to revive the historic significance of the services of ''Othuvar'' in the temples of our State. From the Charters of King Chozhas between 892 A.C., and 992 A.C., it could be seen that there was a convention to quote the persons who were chanting ''Thevaram'' as "mofs;khh;" and the said designation was given only to those who were chanting ''Thevaram'' among the employees of the temple as revealed by the Charters of 9th and 10th Centuries relating to the designations given to the employees of the temples.

Similarly, there is a reference about ''Othuvars'' as "VERNACULAR MATTER OMITTED" in the stone inscription engraved during the tenure of King First Parantha Chozhan in 921 A.C.

The Great King - Rajarajan appointed more than 1500 employees in Rajarajecharam - the Big Temple of Thanjavur and engraved their details of place, name, nature of work, salary and rules as stone inscriptions. In a stone inscription found north of the temple wall, there is a reference about the appointment of 48 Pidarars to chant "VERNACULAR MATTER OMITTED" and also two persons to operate the music instruments.

Further, in a stone inscription found in the Big Temple at Thanjavur, there is a reference about the appointment of 48 Pidarars by the King Rajarajan to chant "jpUg;gjpfk;" and it reads thus: "VERNACULAR MATTER OMITTED" From the above, it is clear that the persons who chanted "VERNACULAR MATTER OMITTED" alone were called as Pidarars and those 48 Pidarars would be the Sivachariyars as revealed from the stone inscriptions that spoke about Saiva Pidarars of Chozha era.

The stone inscription of 14th Century A.C., found in the Siva Temple situated at Kasavalanaadu Koyilur, Thanjavur District, identified the persons who were chanting ''Thirupadhikam'' as ''Othuvars''. In the said inscription, the words "jpUg;ghl;L XJthh; Mz;og; bgUkhs;" were found and it could also be seen that King Krishnathevarayar appointed two persons as ''Othuvars'' in Tiruvannamalai Temple to chant ''Thevaram'' in 1517 A.C.

Most of the Othuvars were called with the names of Lord Siva, viz., Thirumaraikadudaiyar; Thiruchitrambalamudaiyar; Thiruvegambadamudaiyar; Thirumazhapadiudaiyar; Thirukazhipalaiyudaiyar; Kazhumalamudaiyar; Thiruvalavayudaiyar; Tiruvarur Perumal; Puttridangondar; and Thiruveerattanamudaiyar. Likewise, the Othuvars were also called as "VERNACULAR MATTER OMITTED"

Though even before several centuries, the significance of Othuvars was prominent, it is, now, painful to note that an Othuvar of a temple of our State is being made to run from pillar to post for his salary for some reasons or other. Despite the Government passed several orders fixing/revising the scale of pay of the Othuvars in the temples of various categories, the beneficiaries/Othuvars could not see the colour of the coin till date.

A pathetic case before this Court in the form of this writ petition throws limelight on the fate of the Othuvars in the temples of the State of Tamil Nadu and in the considered opinion of this Court, due to lack of guidance, the pain being undergone by them, may not come to the outer world.

It is not as easy as stated by the second respondent in the counter affidavit that the Othuvars are reciting Thevaram, Thirumanthiram and Thiruvasagam, etc. only for few hours and this Court places its strong opinion in that regard, observing that the service rendered by the Othuvars by reciting Thevaram, Thirumanthiram and Thiruvasagam, etc. in the temples cannot be measured with the aid of clock.

Needless to say, a deep analysis over the services of the Othuvars would reveal their unimaginably knowledge in Tamil literature and they are reciting/enchanting Thevaram, Thirumanthiram and Thiruvasagam, etc. to echo on the four walls of the temples, which would definitely energise the human minds to get rid of all agonies of their lives. Simply because, the Othuvars are rendering their services for a limited hours as alleged by the second respondent, they cannot be made to drop their tears for a penny, which, happened in the case on hand.

Here, the petitioner - Othuvar in Arulmighu Thiru Ilanji Kumarar Temple, Ilanji, Tirunelveli District, joined in the service as Othuvar on 03.01.1980 and his monthly salary was fixed at Rs.175/- (Rupees One Hundred and Seventy Five only) and three cups of rice daily. Thereafter, as per G.O.Ms.No.257, dated 10.06.1998, his scale of pay was revised and as on 01.06.1998, he was paid salary in the scale of pay of Rs. 1350-40-45-50-1485. Thereafter, as per G.O.Ms.No.257, dated 30.06.2010, his scale of pay was revised as Rs.1800-5400 with Grade Pay of Rs.500/- and accordingly, his salary was fixed at Rs.11,776/- (Rupees Eleven Thousand Seven Hundred and Seventy Six only) and now, the petitioner sought to revise his salary as per G.O.Ms.No.141, dated 21.05.2004, claiming the monthly salary at Rs.13,552/- (Rupees Thirteen Thousand Five Hundred and Fifty Two only).

At this juncture, Mr.VR.Shanmuganathan, learned Special Government Pleader appearing for the respondents 1 to 3, on instructions, fairly submits that necessary orders would be passed by the authority concerned as per G.O.Ms.No.183, dated 29.08.2011 and the scale of pay of the petitioner as well as arrears, if any, would be settled to the petitioner within the time stipulated by this Court and prays for appropriate orders.

Considering the peculiar facts and circumstances of the case and also taking into account the submission made by the learned Special Government Pleader appearing for the respondents 1 to 3, this Court directs the respondents 2 and 3 to consider the claim of the petitioner for revision of his scale of pay in the light of G.O.Ms.No.183, dated 29.08.2011 and pass appropriate orders on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.

Before parting with this case, this Court feels it befitting to place on record that it is the bounden duty of the respondents to take into consideration the cause of the Othuvars and fix their scale of pay at par with other Government Servants and pay them without causing any delay.

Accordingly, this writ petition stands disposed of as above. No costs. Consequently, the connected writ miscellaneous petition is closed.