NARSI BACHA THACKER Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Petitioner before this Court is an employee of Khavda Gram Panchayat, respondent No. 3 herein (hereinafter referred to as "the Gram Panchayat"). The petitioner, by this petition preferred under Art.226 of the Constitution of India, has claimed for himself and other similarly situated employees the benefit of the house rent allowance, pension, leave travel concession, encashment of leave, gratuity, benefit of recommendations of 4th Pay Commission and appointment on compassionate grounds to the dependent of the deceased employees. It is also averred that the petition be treated as a representative petition to safeguard the interest of the petitioner as well as other similarly situated employees working in the Gram Panchayat. However, at the time of hearing Mr. Thakkar, the learned Advocate appearing for the petitioner has clarified that the petitioner presses this petition for himself and does not intend to press this petition as a representative petition. This petition and the judgment rendered herein are, therefore, confined to the petitioner alone.

(2.) It is the claim of the petitioner that he has been appointed by the Gram Panchayat as its employee and has been working as such since 26th August, 1976. However, all along he has been paid consolidated pay which is revised from time to time. The petitioner has not been paid the salary in regular pay scale or the allowances otherwise admissible to a Government servant. The petitioner claims that he being the servant of a Gram Panchayat, is the member of Panchayat Service as envisaged under S.203 of the Gujarat Panchayats Act, 1961 (hereinafter referred to as "the Act") and he, therefore, is a servant of the State and holds a civil post under the State. The petitioner, therefore, is entitled to all the service benefits to which a Government servant would be entitled under the relevant laws. In support of his contentions, Mr. Thakkar has relied upon the judgments in the matters of Ramanlal Keshavlal Soni v. State of Gujarat , (AIR 1977 Gujarat 76); State of Gujarat v. Ramanlal Keshavlal Soni , (AIR 1984 SC 161); Naroda Nagar Panchayat Karamchari Mandal, Naroda v. Kanubhai Ratilal Patel , (1995 (1) GCD 503). He has also relied upon the unreported judgments of this Court in the matter of Halol Nagar Panchayat v. State of Gujarat (Special Civil Application No. 1205 of 1978 decided on 3rd May, 1983 and confirmed in appeal by the Supreme Court on 18th August, 1989) and in the matter of Navinchandra Harirao Mehta v. State of Gujarat , (Special Civil Application No. 427 of 1992 decided on 15th August, 1997) and in the matter of Ramniklal D. Shah v. State of Gujarat (Special Civil Application No. 2019 of 1988 decided on 24th October, 1997). In the three unreported judgments referred to hereinabove, this Court has followed the judgments rendered by this Court and the Hon'ble Supreme Court in the matter of Ramanlal Keshavlal Soni (supra).

(3.) The Gujarat Panchayats Act, 1961 was enacted to consolidate and amend the law relating to the village panchayat and the district local boards in the State of Gujarat with a view to reorganizing the administration pertaining to the local Government in furtherance of the object of the democratic decentralization of powers in favour of different classes of Panchayats. Section 203 thereof provides for constitution of the Panchayat Service in connection with the affairs of the Panchayats for the purpose of bringing about the uniform scales of pay and uniform conditions of service for persons employed in the discharge of functions and duties of the Panchayats. Sub-section (2) thereof provides that the Panchayat Service shall consist of such classes, cadres and posts and the initial strength of officers and servants in each such class and cadre shall be such as the State Government may by order from time to time determine. Subsection 2A thereof provides for district cadres, taluka cadres and local cadres. Subsection (3) thereof empowers the State Government to make rules regulating the mode of recruitment either by holding examinations or otherwise and conditions of service of persons appointed to the Panchayat Service and the powers in respect of appointments, transfers and promotions of officers and servants in the Panchayats Service and disciplinary action against any such officers or servants. Section 205 of the Act provides that appointment to the post in Panchayat Service shall be made (a) by direct recruitment; (b) by promotion, or (c) by transfer of a member of the State Service to the Panchayat Service. Section 157 of the Act empowers the State Government, inter alia, to transfer such personnel to the District Panchayat as may be necessary to enable the District Panchayat to exercise powers and discharge functions and the duties transferred to it. Sub-section (1) of S.158 of the Act, inter alia, empowers the State Government to transfer the staff employed by it to the District Panchayat. Sub-section (2) thereof provides, inter alia, for transfer of such staff by the District Panchayat to any Panchayat subordinate to it. Section 206 of the Act empowers the Government, inter alia, to allocate its employees to the Panchayat Service. In exercise of these powers and with a view to effectively achieve the objects of the Act, the Government has framed various rules such as Gujarat Panchayat Service (Absorption, Seniority, Pay and Allowances) Rules, 1965; Gujarat Panchayat Service Selection Board (Functions) Rules, 1964; Gujarat District Panchayats Service Selection Committee (Functions) Rules, 1964 and various other rules governing the recruitment, conditions of service, promotion, transfer, pension, etc. of the Panchayat servants.