Madras high court asks Tamil Nadu to ensure HR & CE staff are following Hindu religion as per law

TNN | Mar 4, 2020, 12.10 PM IST

CHENNAI: The Madras high court on Tuesday directed the state government to ensure that all officials including the commissioner of the Hindu Religious and Charitable Endowment Board (HR & CE) undertake a pledge professing Hindu religion as mandated by law.

A division bench of Justice M M Sundresh and Justice Krishnan Ramaswamy passed the order on a plea moved by S Sridharan seeking to remove the commissioner and other officials of the department who failed to make such pledge as mandated under the HR & CE Act.

"It is not the fault on part of the officials in not making the pledge. There is nothing legal otherwise in functioning and the decision-making process. In such view of the matter we direct the authorities to see that all officers up to the cadre of commissioner are to be made to undergo the process of taking pledge a fresh within 8 weeks," the bench said.

Referring to the relevant provision in the Act, the bench said what is applicable to the lower grade employee will have to be made applicable to officials with more rigour. Secondly such a pledge is required at the time of appointment.

According to the petitioner, section 10 of the act mandates every officer to take such oath as a service condition and if they fail to do so they would be liable to be disqualified from service.

"As per the provisions every person appointed under the act shall sign a pledge in the prescribed format and shall take the pledge in the immediate presence of the executive officer or chairman, of the board of trustees of the religious institution before the presiding deity in the nearest temple," the petitioner said.