CHHAGANLAL NANJIBHAI VEKARIA Vs. SARPANCHSHRI / ADMINISTRATOR

JUDGEMENT

(1.) THE petitioner, an employee, serving as a Peon with Vadia Gram Panchayat, has preferred this petition under Article 226 of the Constitution of India for the following reliefs:-

(2.) IT is the case of the petitioner that Vadia Gram Panchayat was converted into Gram Panchayat from the old Municipality. He joined service with Vadia Gram Panchayat with effect from 2.5.1978. He was appointed as a Peon and thereafter promoted to the post of Clerk. IT is his case that he received salaries in the prescribed pay-scale right from the date of his appointment till his retirement. IT is his case that he was in regular service with Vadia Gram Panchayat and therefore he is entitled to get the pension and the pensionary benefits as per the Government Resolution dated 21

(3.) PER contra, it is submitted on behalf of respondent No.2 that the petitioner was an employee of Gram Panchayat and was paid his salary and other benefits by the Gram Panchayat from its own funds and he was not the employee of District Panchayat or State service duly recruited after following the due procedure of recruitment by the Gujarat Panchayat Selection Board in view of the provisions of Gujarat Panchayats Act, 1993 or the Rules framed thereunder. It is also submitted on behalf of respondent No.2 that the benefits of Government Resolution dated 17.10.1983 as well as 12.07.1996 cannot be given to him as Resolution dated 12.7.1996 provides that the employees of converted Municipality who have expired or retired or have taken voluntary retirement between 31.3.1963 and 11.02.1969 are eligible for the same. It is also submitted on behalf of respondent No.1 that in case of recruitment contrary to the provisions of Sections 203 and 227 of the Gujarat Panchayats Act, no service benefits are to be paid.