Representation for the implementation of the supreme court's judgement and the
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
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
"In the circumstances we allow this petition and issue following
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
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.
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.
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.
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
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
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.
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;
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;
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