B. V. R. PRASAD Vs. DISTRICT PANCHAYAT OFFICER

JUDGEMENT

(1.) This petition is filed under Article 226 of the Constitution of India for the following relief:-

(2.) Brief facts of the case are that initially the petitioners were appointed as part time bill Collectors against the sanctioned posts during the years 1984 to 1989. Subsequently, the 1strespondent had issued proceedings vide Roc.No.4402/95/Pts.I, dtd. 19/8/1996, wherein the petitioners services were absorbed from the post of Part time Junior Assistant cum-Bill Collectors to that of full time post of bill Collectors. Since then they were discharging their duties without any complaints from whomsoever. It is stated that even though they were appointed against the vacancies and despite of absorbing their services as full time bill collectors with valid proceedings and also fixed time scale of pay attached to the posts, but the respondents have not releasing the periodical increments and also not revising the pay of the petitioners according to PRC recommendations from time to time. The action of the respondents in not regularizing the services of the petitioners in the cadre of Bill Collectors or in equallent posts despite of fulfilling conditions laid down in G.O.Ms.No.212 dtd. 22/4/1994 and also not releasing periodical annual grade increments and PRC benefits, despite of discharging regular service to that of regular employees is highly illegal and arbitrary. Hence, the present writ petition has been filed.

(3.) The counter affidavit has been filed by the 1st respondent denying all the allegations made in the petition and contended that the petitioners who are working on part time basis in various Gram Panchayats were appointed on regular time scale subject to condition that the same should be ratified by the Government has required G.O.Ms.No.212 Finance Planning (FW.PC.III) Department, dtd. 22/4/994 as the petitioners herein have completed 5 years of service as on 25/11/1993. As the petitioners were appointed into full time post under the rules vide G.O.Ms.No.212, dtd. 22/4/1994, in the meantime, the Government have formulated a scheme for regularization of services of part time employees who have completed 10 years of service prior to cut off day of 25/11/1993 are eligible for regularization vide G.O.Ms.No.112, F&P, dtd. 23/7/1997. Basing on the above said G.O., proposals were submitted to the Government for regularization of services those who have completed 10 years of service as on 25/11/1993. Accordingly, the Government have regularized the services those whose have completed 10 years of service. However, the services of the petitioners were not regularized under Rules vide G.O.(P) No.112 F&P Department, dtd. 23/7/1997 as the petitioners herein have not completed 10 years of services as on 25/11/1993.