AMAD SULEMAN GAHA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE petitioner has filed this petition, under Article 226 of the Constitution of India for following reliefs in para No.31.

(2.) THE case of the petitioner is that he was appointed as peon by Dungar Gram Panchayat on 14.08.1971 on temporary basis. Thereafter, Dungar Gram Panchayat passed resolution No.104 on 10.10.1973, making the petitioner permanent with effect from 01.11.1973 and he was placed in the pay scale of 902110 as per the Sarla Pay Commission, as the Gram Panchayat has resolved to give benefits of permanent employee to the petitioner. It is case of the petitioner that the post of the petitioner was sanctioned and approved by the Government. It is the case of the petitioner that since, the benefits of Sarla Pay Commission were extended to all employees and since the Dungar Gram Panchayat passed the resolution, giving such benefits to the petitioner and other employees by making them permanent, the petitioner became eligible to get further benefits as prayed for in this petition and also the benefits of pension, which was extended to other similarly situated persons. The petitioner has given instance of one Kunvarji Ramjibhai, who was appointed with the petitioner and who has been conferred with the benefits of pension by Local Fund Office. The petitioner has averred that the petitioner has putting 27 years of service with the Gram Panchayat and therefore, the petitioner has become entitled to all the benefits prayed for in this petition and denial of such benefits by the respondents is nothing, but a discriminatory treatment meted out to the petitioner by the respondents.

(3.) THE petition is opposed by the respondent No.3District Development Officer by filing affidavit in reply, stating therein that the appointment of the petitioner by the Dungar Gram Panchayat was without prior permission of the Government and the concerned State Authority. Such appointment of the petitioner was not by following any procedure of law and thus, contrary to Section 203 of the Gujarat Panchayat Act, 1961. It is further stated that the petitioner was never made permanent as peon as alleged by the petitioner, but, he was serving as sweeper. It is also pointed out in the said affidavit that the post of the petitioner was never sanctioned and therefore, the petitioner could not be made entitled to any other benefit as conferred to other permanent employees of Dungar Gram Panchayat.