C T SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In this group of matters the petitioners have challenged the Gujarat Panchayat Service (Classification and Recruitment) (Second Amendment) Rules, 1977 by which the Gujarat Panchayat Service (Classification and Recruitment) Rules, 1967 are amended and by which common Clerical Cadres and Common Accounts Cadres are constituted instead of various cadres. They have also challenged the Gujarat Panchayat Service (Classification and Recruitment) (Eighth Amendment) Rules, 1978 (Annexure 'A' by which the Gujarat Panchayat Service (Classification and Recruitment) Rules, 1967 are amended and the following sub-rule (4) is added :

(2.) Before discussing the contentions raised by the learned Advocate for the petitioners, it should be noted that the State of Gujarat Pas framed the Gujarat Panchayat Service (Classification and Recruitment) Rules, 1967 in exercise of its powers under Sec. 323 of the Gujarat Panchayats Act, 1961. Rule 3(1) provides that the Panchayat Service shall consist of two Classes, namely; (i) Superior Panchayat Service and (ii) Inferior Panchayat Service. Sub-rule (2) (a) provides that the Superior Panchayat Service shall consist of posts which are not included in the Inferior Panchayat Service. Clause (b) of sub-rule (2) provides that the Inferior Panchayat Service shall consist of posts specified in Schedule I. Schedule I consisted of 57 different posts. The rest of the posts were considered to be of Superior Panchayat Service. Schedule IV to the said Rules mentions number of posts in different branches of the panchayat, such as Agriculture Branch, Animal Husbandry Branch, Medical Branch, Ayurvedic Branch, Public Health Branch, Prohibition Propaganda Branch, Public Works Branch, Co-operative Branch, Statistical Branch, Social Welfare Branch, Revenue and Rural Development Branch, General Education Branch and General Branch. In all these branches number of cadres are mentioned, by the Second amendment in 1977 Rule 3A was added to the aforesaid rules which provides for constitution of Common Clerical and Common Accounts Cadres. Common Clerical Cadre is divided into three Groups, namely, (a) A Common Clerical Cadre of posts in Clerical Group I, (b) A Common Clerical Cadre of posts in Clerical Group II and (c) A Common Clerical Cadre of posts in Clerical Group III. Similarly, Common Accounts Cadre is divided into four Groups, namely, (a) A Common Accounts Cadre of posts in Accounts Group I; (b) A Common Accounts Cadre of posts in Accounts Group II; (c) A Common Accounts Cadre of posts in Accounts Group III; and (d) A Common Accounts Cadre of posts in Accounts Group IV. Further, Schedule IV-A is added which provides which posts are included in Common Clerical Cadres and Common Accounts Cadres.

(3.) Keeping the aforesaid background of the Rules, we may consider the following submission of the learned Advocate for the petitioners : 1. The said amendment is illegal and ultra vires the powers given to the State Government under sub-sec. (2) of Sec. 203 of the Gujarat Panchayats Act because the said section authorises the State Government only to form three cadres, namely, (1) district cadre, (2) taluka cadre and (3) local cadre but it nowhere authorises the formation of Common Clerical Cadre and Common Accounts Cadre in the district cadre itself. 2. Sub-rule (4) which is added by the Gujarat Panchayat Service (Classification and Recruitment) (Eighth Amendment) Rules, 1978 is illegal and discriminatory as it does not give option to opt for either Clerical Cadre or Accounts Cadre to all the employees except to the employees mentioned in the Table of the said Rules.