S. DAYAL Vs. AMBALAL KUBERDAS PATEL

JUDGEMENT

(1.) THE District Development Officer and the Ahmedabad District Panchayat, hereinafter referred to as 'the Panchayat', have filed this appeal as the learned Single Judge quashed the order of the District Development Officer removing the petitioner on August 21, 1971, and gave a declaration that he continued in service and was entitled to all emoluments and other benefits arising from his said appointment. The respondent originally joined service as a clerk in July 15, 1941, and thereafter he was made Assistant Accountant in the Ahmedabad District School Board from December 2, 1961. The Gujarat Panchayats Act, 1961, hereinafter referred to as 'the Panchayat Act' came into force from April 1, 1963 under which the Ahmedabad District School Board was dissolved. Therefore, the petitioner was allocated to the District Panchayat from August 1, 1963, by the order, dated July 8, 1966, The D.D.O. transferred the petitioner to Agricultural branch under the District Panchayat and that too as senior clerk in the lower grade of Rs. 145 -8 -185 although his pay scale as Assistant Accountant in the school board was Rs. 145 -8 -185 -10 -195. The petitioner therefore filed Special C. A. No. 1524 of 1969 in this Court challenging the transfer order. In that petition an assurance was given that the petitioner's seniority would not be affected. His emoluments were also maintained. Thereafter he was sought to be further transferred after the withdrawal of this petition on January 17, 1970 as senior clerk in the Panchayat service. The petitioner did not join service to this new post on the ground that that was not equivalent post and, therefore, disciplinary action was taken against the petitioner and he was finally removed for his misconduct by the impugned order of the D.D.O. on August 21, 1971. This order having now been quashed by the learned Single Judge, the D.D.O. and the Panchayat have filed this appeal.

(2.) MR . Shah has raised four points in this appeal: -

(3.) WHEN the Panchayat Act came into force on April 1, 1963, the functions of the school board stood transferred to the Panchayats in terms of the express provision made in the Panchayat Act in Section 155. That material provision of the Panchayat Act dealing with the cessation of the district school board and the consequences which would ensue, is as under: -