For The Implementation Of The Supreme
And The Scheme
- Union of India, through the secretary Ministries
of welfare and Human Resource Development Government of India, Shastri Bhawan
- The Chairman, Central Waqf Council 14/173 Jam Nagar
House, Shah Jahan Road, New Delhi.
- In the matter of:
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.
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:-
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
"In the circumstances we allow
this petition and issue following directions:
- 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.
- 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.
- 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,
The State Boards shall ascertain the income of each mosque the member and
nature of lmams required by namely full time of part- time.
For the full time Punjab Waqf Board may be treated as a guideline. That shall
also furnish guidelines for payment to part- time lmam.
- ln those
mosque where full time lmams are working they shall be paid the remuneration determined
in pursuance of this order.
- Part- time and Honorary lmams
shall be paid such remuneration's and allowance as is determined under the Scheme.
- 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.
- The exercise should be completed and the
scheme be enforced with in six months.
- 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.
- The Scheme framed by the CentralWaqf Board
shall be implemented by every State Board."
- 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
- 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.
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
- 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
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
(MAULANA JAMEEL AHMED ILYASI)