CHORVAD GRAM PANCHAYAT Vs. RAMNIKLAL DAHRSHI SHAH

JUDGEMENT

(1.) THE question that has come up for consideration in all these cases is whether a person who has been appointed in a Panchayat without following the procedures laid down under Section 203(4)(b) of the Gujarat Panchayats Act, 1961 (for short "the Act"), can be treated as a member of the Panchayat service so as to claim the pensionary benefits under Gujarat Panchayat Service (Pension) Rules, 1976 and the Family Pension Scheme, 1972, and/or such appointee can be treated as an employee retired from the Panchayat service.

(2.) MS . Justice Rekha M. Doshit, learned Single Judge while deciding Special Civil Application No. 354 of 2004 has taken the view that a person who has not been appointed in the Panchayat service following the provisions of Section 203 of the Act, cannot be treated as a Panchayat employee so as to claim the pensionary benefits under the Gujarat Panchayat Service (Pension) Rules, 1976 (for short "the Pension Rules") or to claim family pension under the Family Pension Scheme or from the Panchayat itself, in absence of a pension scheme. Mr. Justice Akshay H. Mehta, another learned Single Judge (as he then was), while deciding Special Civil Application No. 2019 of 1988 has also took the view that merely because Pension Rules have been framed by the State Government, it cannot be saddled with the liability to discharge the burden of the Panchayats with regard to pensionary benefits to the retired servants of the Panchayats. Learned Single Judge however interpreting Section 204 of the Act, held that expenditure towards pay and allowance and other benefits available to an officer or servant of Panchayat shall have to be met by the Panchayat from its own funds and therefore, it is the responsibility of the Panchayat to discharge liability of retiral benefits and the family pension to the petitioner. Mr. Justice M.R. Shah, another learned Single Judge has felt that there is a conflict between the views expressed by both the Judges and hence, passed an order on 17th February, 2009 in Special Civil Application No. 13990 of 1993, directing the Registry to place all these matters before a Bench for appropriate decision so as to settle the controversy, since large number of cases are pending claiming similar benefits by the retired employees, including family pension. We have therefore, posted all these appeals for a final decision on various issues raised before us for consideration.

(3.) FOR disposal of the issue involved in these appeals, we refer to the facts of Special Civil Application No. 354 of 2004, against which Letters Patent Appeal No. 1522 of 2004 has been preferred.