KIRANKUMAR H RUPERELIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present petition is filed challenging the order dated 30.3.1999, passed by respondent no.2, District Development Officer, District Panchayat, Amreli, which is produced at Annexure 'F' to the petition, against which Revision Application No.64 of 1995 was filed before respondent no.1, which was rejected by order dated 12.12.1995, Annexure 'A' to the petition.

(2.) The facts giving rise to the present petition are that the petitioner was initially appointed as Water Tax Recovery Clerk by an order dated 1.1.1980 of respondent no.3, Dhari Gram Panchayat. After completion of period of probation, the petitioner was confirmed in the post of Water Tax Recovery Clerk by an order dated 11.3.1991. It is the case of the petitioner that thereafter there was an advertisement for the post of Accountant in daily newspaper, Jansatta. Thereafter, having been interviewed before the General Body of Dhari Gram Panchayat on 25.2.1983, the petitioner was appointed by Resolution No.170, to the post of Accountant. In passage of time, Dhari Gram Panchayat came to be converted to Dhari Nagar Panchayat. Dhari Nagar Panchayat passed an order on 27.3.1987 on the basis of an order passed by the District Development Officer, District Panchayat, Amreli dated 26.3.1987, which is referred to in the aforesaid order, a copy of which is produced at Annexure 'E' to the petition, whereby the petitioner came to be reverted from the post of Accountant to the post of Clerk. Said reversion order was challenged by the present petitioner by filing Special Civil Application No.1229 of 1987. It is the case of the petitioner that initially the Court had granted status quo. But ultimately the petition came to be disposed of on the ground that the petitioner has an alternative remedy. The petitioner then filed appropriate proceedings before the Gujarat Civil Services Tribunal, but then said proceedings also came to be terminated as the Tribunal was of the opinion that the remedy of the petitioner is to approach the Development Commissioner.

(3.) The Development Commissioner considered Revision Application No.151 of 1989 filed by the present petitioner along with another Revision application No.128 of 1989 filed by one Shri G.G. Desai, who was appointed as Secretary of Dhari Nagar Panchayat. Said Revision Application was disposed of by an order dated 8.11.1990, wherein the Additional Development Commissioner has considered in detail the case of the petitioner in light of the provisions of the Gujarat Panchayats Act, 1961 (hereinafter referred to as "the Act"). The Additional Development Commissioner has recorded in terms that Dhari Nagar Panchayat is converted with effect from 1.4.1983 from Gram Panchayat and Dhari Gram Panchayat had only one post of Head Clerk-- cum-- Accountant, which was sanctioned at the relevant time by Director, Local Authorities, Northern Division, Ahmedabad by his order bearing No.MUN/ AM/ 29/ 12 dated 12.4.1954. It is further recorded by the Additional development Commissioner that Dhari Nagar Panchayat did not have power under sec.102 of the Act to bifurcate the post of Head Clerk-- cum-- Accountant into two separate posts of 'Head Clerk' and 'Accountant'. As a natural corollary of that Dhari Nagar Panchayat did not have power to give appointment to the present petitioner to the post of Accountant. For ready perusal, provisions of sec.102 of the Act are reproduced hereunder :