RATILAL B SONI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellants are in the cadre of Talatis-cum-Mantries (Patwaries) in the Panchayat Service of the State of Gujarat. In the year 1982/83 they were sent on deputation to the higher cadre of Circle Inspectors in the State service. The, question for consideration is whether in the facts of this case the appellants have a right to be absorbed in the cadre of Circle Inspectors.

(2.) The appellants were originally appointed as Talatis in the Revenue Department of the State of Gujarat. Under the Gujarat Panchayat Act (hereinafter called 'the Act') which came into force with effect from April 1, 1963, Panchayat Service was constituted and under the Act all the posts of Talatis along with the incumbents stood transferred to the Panchyat Service. On that date there was a cadre of Circle Inspectors in the State Service which was bifurcated and 50% of the posts continued in the State Service and the remaining 50% were transferred to the Panchayat Service. The appellants were sent on deputation as Circle Inspectors in the State Cadre. In January 1986 qualified officials became available for promotion to the post of Circle Inspectors in the State cadre and as such the appellants were reverted to their parent cadre of Talatis in the Panchayat service. The appellants challenged the reversion by way of writ petition in the Gujarat High Court primarily on the ground that their, options for absorption in the State service were pending with the State Government which the State was bound to decide in their favour. The High Court dismissed the writ petition holding that there was nothing on the record to show that the appellants gave any option to be absorbed in the State cadre. The High Court also found that they, being on deputation, have no legal right to be absorbed in the State Service. This appeal by special leave is against the judgment of the High Court.

(3.) We have heard learned counsel for the parties. The State by a circular dated February 8, 1965 asked the Talatis among others to give their options as to whether they want to remain in the Panchayat Service or to be reallocated to the State Service. S. 206A(2) of the Act is as under: