PANCHAYAT KARMACHARI SANGH Vs. STATE OF M P

JUDGEMENT

(1.) The present petition is no exception to an unfortunate state of affairs, which as the learned Government Advocate puts it despite all efforts on their part return could not be filed and the petition is to be heard and decided without any return. Matters listed for final hearing are invariably accompanied with requests for adjournments for filing of returns and even after having granted opportunities at such a late stage, a state of helplessness is expressed by the Government Advocates appearing, who at times also change, but the grievance remains the same that despite intimations the officers concerned do not respond, and at times even urgent calls made by the Government Advocates go unattended. Such state of affairs hardly commends anybody. 'Delay' is the crying need of the hour. Anxiety for expeditious disposal of cases is contrasted with ever-standing complaint of delay. The Court is left with no choice but to proceed in the matter even in absence of returns for which number of opportunities are already granted. The only way out in such a situation is to decide the matters on whatever assistance and material are available, and this petition, as stated at the outset, is no exception to such state of affairs.

(2.) Shri C. M. Mehta, learned counsel for the petitioners states that the Society was registered, but the registration of the Society was cancelled on some technical point, nonetheless it still functions as an organised body of Panchayat-Secretaries and representing the employees serving in the Panchayats or panchayat groups of the State. Petitioner No. 2 was appointed as a Panchayat Secretary by order dated 5-10-1957 (Annexure-1) by the Collector, Ujjain.

(3.) The petitioners by this petition seek a declaration that the petitioner No. 2 and all others similarly placed and posted like him in the erstwhile States of Madhya Bharat, Bhopal and Sironj region, are entitled to be treated as Government servants from the date of their initial appointment as such in their respective Gram Panchayats and claim entitlement to same pay-scales, service conditions and emoluments as being paid to their counterparts, who have come to the new State from Mahakoshal and Vindhya Pradesh regions. They further pray that all the Panchayat Secretaries of the State of Madhya Pradesh should be brought at par in matters of pay-scales and emoluments and uniform service rules or conditions should be made applicable to all of them with benefits of promotions and pension etc., The petitioners also challenge the order dated 1-2-1982 (Annexure-2) issued by the Deputy Director of Panchayats, Ujjain Division, Ujjain. It is prayed that this order should also be quashed. The petitioners' grievances is that this order (Annexure-2) would cause a great loss to the Panchayat Secretaries of the Gram Panchayats, who were initially appointed as Secretaries in the erstwhile Madhya Bharat, Bhopal and Sironj regions and it would result in an unfair discrimination in matters of emoluments, service conditions, promotions and pension, as their services in the erstwhile States named above are not considered and counted for the purpose of seniority as according to the petitioners the Government ought to have counted the services of these Secretaries from their initial appointments as such.