RAKHIYAL GRAM PANCHAYAT Vs. JAGATSINH ADESINH JHALA

JUDGEMENT

(1.) The respondent was appointed as an Octroi Clerk by the Gram Panchayat, Rakhial, i.e., the appellant before this Court, on 31.3.1977, on temporary basis, inter alia, for a lump sum salary of Rs.200/- per month. In addition to the above, he was not entitled even to dearness allowance or any other allowance(s). In terms of the order of appointment, the respondent actually assumed his duties with effect from 1.4.1977.

(2.) The pleadings of the case reveal, that for a short period, the work of collecting octroi, which had originally been vested in the Gram Panchayat, came to be executed through a contractor. The respondent was accordingly required to serve under a contractor, in continuation of his order of appointment dated 31.3.1977. The respondent originally declined to do so. But subsequently, assumed his duties on 10.6.1986 under the Gram Panchayat. Thereafter, the service of the respondent was dispensed with with effect from 30.6.1986.

(3.) Even though, the challenge raised by the respondent has a chequered history, it is relevant to mention, that the respondent succeeded in Letters Patent Appeal No. 933 of 1995, when a Division Bench of the High Court on 29.7.2004 accepted, that the resolution passed by the Gram Panchayat dated 30.6.1986, for dispensing with the service of the respondent, was not in consonance with law. The High Court accordingly set aside the above resolution. The respondent was, therefore, ordered to be reinstated, against the post of an Octroi Clerk. By the order passed by the High Court, the respondent was deemed to be treated as having continuously rendered service against the post of Octroi Clerk, with effect from the date his services were dispensed with. He was also held entitled to full back wages, besides other consequential benefits, for the intervening period. The review petition filed by the appellant came to be dismissed by the High Court, vide an order dated 14.09.2004.