O G GOSWAMI Vs. DISTRICT DEVELOPMENT OFFICER

JUDGEMENT

(1.) In all these matters, a common question is involved as to the requirement of passing of departmental examination. The petitioners in all the matters belong to Panchayat service of the State Panchayat Cadre and in different Districts of the State respective District Panchayats had appointed them in the post of Senior Clerk before the crucial date involved in the controversy. The crucial date is 9-7-1976. On that date, the State of Gujarat, in its Panchayat, Housing and Urban Development Department by Notification dated 9-7-1976 in exercise of power under Sec. 323 read with Sub-sec. (3) of Sec. 203 of the Gujarat Panchayat Act, 1961 came out with rules bearing name "Panchayat Service Senior Clerk and Haval Karkun Qualifying Examination Rules 1976 (hereinafter referred to as "Rules"). They came to be amended subsequently by another Notification dated 24-9-1990 and its nomenclature came to be changed to "Gujarat Panchayat Service Senior Clerk Deputy Chitnis, Deputy Mamlatdar, Assistant Taluka Development Officer, Deputy Taluka Development Officer and Taluka Panchayat Officer. What was originally meant for Senior Clerks and Haval Karkuns, other posts of the same category having been created in the meantime, or probably thought fit to be included within the amplitude of the Rule, was thus specifically mentioned by way of amendment.

(2.) As all the matters are taken up for hearing together treating Special Civil Application No. 330 of 1997 to be the main petition, reference to various pages, annexures etc. is made on the basis of its position in the said main petition. The rules referred to above are to be found at page 24 onwards and the amendment by way of Annexure C is at page 33.

(3.) It is an accepted position that in the Rules at page 24, there is no provision at all to the effect that they are made applicable with retrospective effect. They provide for additional requirement of passing of departmental examination and for this purpose, two Rules are required to be considered. The first one is Rule 3 and the second is Rule 4. Rule 3 provides for passing of Departmental Examination by direct recruits. They are required to pass the Departmental Examination during the probation period of 2 years from the date of joining service. Rule 4 relates to superior panchayat service and passing of Departmental examination by them for being considered to be eligible for appointment to higher posts.