1 .Union of India, through the secretary Ministries of welfare and Human Resource Development Government of India, Shastri Bhawan New Delhi.
2. The Chairman, Central Waqf Council 14/173 Jam Nagar House, Shah Jahan Road, New Delhi.
3. In the matter of:
The payment of Salary to lmams (engaged in the discharge of the pious duties in the Mosques all over the country) in pursuance of the order passed by the Hon'bie Supreme Court dated 13.5.93 in Writ Petition (Civil) No. 715 of 1993 titled "All India ]mams organisation V/s. Union of India & Others" waiting implementation since Dec. 1993 Hon'bie Sirs,
1. All India lmams organisation is the collective body which has been espousing and espouses the causes of undefended lmams leading the life of stark poverty in absence of any mechanism for the purposes of providing the source of sustenance to them in terms of regular salary or otherwise. The said organisation has been represented through its President namely Maulana Jameel Ahmad llyasi lmam and President of the organisation.
2. The said organisation actuated by the pathetic position of lmams all over the country approached Hon'bie Supreme Court by way of writ petition under Article 32 of the Constitution of India and thereby sought enforcement of their Fundamental Rights enshrined in Article 21 of the Constitution of India. Hon'bie Supreme Court of India having heard the matter observed as under:-
"Financial difficulties of the institution can not be above Fundamental Right of the Citizen. If the Boards have entrusted with the responsibility of supervising and administering thewaqf then it is their duty to harness resources to pay those persons who perform the most important duty namely of leading community prayer in a masque the very purpose for which it is created." And directed the respondents including your good self interalis to formulate the scheme for the payment of remunerations to the lmams. For the purposes of clarity arid proper comprehension of the controversy the operative part of the order of the Hon'ble Court containing direction is quoted below;
"In the circumstances we allow this petition and issue following directions:
i). The Union of India and the Central Waqf Board will prepare a Scheme with in a period of six months in respect of different types of mosques, some details of which has been furnished in the Counter- Affidavit filed by the Delhi Waqf Board.
ii). Mosques which are under Control of the Government shall not be governed by this order. But if their imams are not paid any remuneration and they have no independent income. The Government may fix their emoluments on the basis as the Central Waqf Board may do for other mosques in pursuance of our order.
iii).For the Mosques, except those which are not registered with the board of their respective states or which are not manned by members of Islamic faith the scheme shall provide for payment of remuneration to such 1mams taking guidance from the scale to pay prevalent in the State of- Punjab and Haryana,
iv).The State Boards shall ascertain the income of each mosque the member and nature of lmams required by namely full time of part- time.
v). For the full time Punjab Waqf Board may be treated as a guideline. That shall also furnish guidelines for payment to part- time lmam.
vi).ln those mosque where full time lmams are working they shall be paid the remuneration determined in pursuance of this order.
vii).Part- time and Honorary lmams shall be paid such remuneration's and allowance as is determined under the Scheme.
viii).The Scheme shall also take in to account those mosques which are srriall or are in the rural area or are such as mentioned in the affidavit of Pondichery Board and have no source of income and find out ways and means to raise its income.
ix). The exercise should be completed and the scheme be enforced with in six months.
x). Our order for payment to lmams shall come into operation from 1 st Dec. 1993. In case t@ie Scheme is not prepared within the timc- allowed than it shall operate retrospectively from 1 st Dec. 1 993.
xi).The Scheme framed by the CentralWaqf Board shall be implemented by every State Board."
3. It is the misfortune of us all that question involve our bread and butter took approximately two and half years for the omnipotent agency like Central Government to frame the Scheme. The day of its implementation in terms of payrrient of Salary is yet to dawn.
4. That the execution of Scheme formulated at the end of your good selves under the name and nomenclature of Scheme for remuneration of lmams and Moazzins 1995'has been brought into force from 1.12.1993 specifying the Grades and scales of different categories of lmams.
5.Thatasthe Scheme does notconl(ain any mechanismforthe redressal grievances born of the determination of remuneration's and in any case of non-payment thereof. The above referred organisation through its president namely Maulana Jameel Ahmad llyasi contacted your good selves several time.
6, That having failed and got fade up with the attitude of Government officials at different levels the referred organisation approached 'Hon'bie Supreme Court by way of interlocutory application for direction to implement the same scheme. But the Hon'ble Court thought it wise to advice the said organisation to approach your good selves by way of representation asking specifically for the implementation of the Scheme. Accordingly the 1. A. was withdrawn as per order dated 22.8.1997.
We wish to bring to your kind notice that lmams all over the country in most of the cases are leading pathetic life therefore question of payment of lumpsum amount was also canvassed before the Court by same also could not find favour in view of the above referred courts response.
In these circumstances we feel entitled to approach and submit as under:
i. Unpaid Salary with effect from 1 st Dec. 1993 be paid immediately;
ii. - Some suitable mechanism for regular payment of salary be devised in the form of some fund or foundation operating under the same Scheme;
By the time above referred a arrangements are made following interim relief be accorded adjustable against the ultimate payment of backlog,.
a. Lumpsum ai-nount approximately Rs. 50,000/- per lmam be directed to be paid;
b. Regular Payment of Salary on month to month basis be started with a view to enable them to meet the both ends.
Your faithfully
(MAULANA JAMEEL AHMED ILYASI)