BAVAJI MOHANBHAI KARSANBHARTI Vs. MALIYA HATINA GRAM PANCHAYAT

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution of India, the petitioner an employee of the respondent- Maliya Hatina Gram Panchayat, is praying for direction to the respondents to grant the petitioner pay scale as prescribed by the Pay Commissions which is already made available to the Panchayat employees of the various Panchayats and State Government employees on regular establishment with arrears for the class IV post with increments.

(2.) The facts of the case are that the petitioner was initially appointed as Gardener temporarily on probation and on daily wage basis in the year 1977. It is to state here that the petitioner has not produced the copy of his appointment order. It is submitted that he was giving fixed monthly pay of Rs.200.00 and this employment of the petitioner came to be made permanent on and from 7/8-3-79. It is to be mentioned here that the petitioner also not produced any resolution of the Gram Panchayat under which he was given the fixed monthly pay of Rs.200.00 and made permanent. It is alleged by the petitioner that a new body duly elected of the Gram Panchayat under the resolution of the General Body dated 29-8-79, the services of the petitioner were brought to an end w.e.f 30-8-79. This resolution of the Gram Panchayat has been challenged by the petitioner in the Civil Court by filing a regular civil suit No.192/79 in the Court of Civil Judge (JD) at Maliya Hatina. The suit was dismissed by the learned trial court. Here also, the petitioner has not produced the copy of the judgment of the learned trial court i.e. Civil Judge (JD), Maliya Hatina. Against the judgment and decree of the learned trial court, the petitioner preferred regular appeal No.55/82 in the District Court at Junagadh. This appeal came to be decided by the learned District Judge, Junagadh on 4-4-1983. The judgment of the learned District Judge is there on the record as annexure `A'. The petitioner urges that he is in employment of the Panchayat since 1977 and the District Judge has granted him the declaration in his favour that he continues in services, still the Gram Panchayat is paying him the consolidated salary. It is stated that the Panchayat employees are also State government employees and pay scales which are made applicable to the employees of the Government are applicable to the employes of the Gram Panchayat. The payscale of Class IV was Rs.196-232 as per the recommendations of the 2nd Pay Commission which was revised to Rs.750-950 in pursuance of the 3rd Pay Commission's recommendations. The Gram Panchayat is continuing the petitioner still on consolidated salary and this action of the Gram Panchayat is stated to be ultra vires of the provisions of Articles 14 and 16 of the Constitution.

(3.) The respondent- Gram Panchayat has not chosen to file reply to the special civil application.