STATE OF M.P Vs. MEHMOOD KHAN

JUDGEMENT

(1.) This Writ Appeal has been filed by the State being aggrieved by order dated 29.07.2016 passed by the learned Single Judge, in W.P. No.4413/2011 (Mehmood Khan & Ors. v. State of M.P. & Ors.), whereby Writ Petition has been allowed directing the respondents (appellants herein) to revise the pension and pensionary benefits payable to the petitioners taking into consideration the initial date of their appointment as Group Secretaries in the Panchayat Department, who thereafter continued as Panchayat Secretaries and ultimately absorbed in the services of Panchayat Department as Village Assistants within six months from the date of submission of certified copy of the said order.

(2.) Learned Govt. Advocate for the State submits that the post of Group Secretary was sanctioned by the Collector (Panchayat Mandal), Gwalior and such post was not sanctioned by the State and such post was not included in the hierarchy of the Department of Panchayat and Social Services. It is submitted that post of Group Secretary was sanctioned within the setup of Gram Panchayat, which is local self institution and respondents were not given any appointment by the State. It is submitted that consequent to decision taken by the State Government to appoint Panchayat Secretaries by creating 2100 new posts of Gram Sahayak in 1982, persons, who were belonging to erstwhile regions of Madhya Bharat and Bhopal and who were earlier appointed as Group Secretaries were given appointment on the post of Gram Sahayak vide order dated 05.02.1982. Therefore, such respondents are not entitled to count their past services as Group Secretaries for the purpose of computation of qualifying service for pension.

(3.) Reliance has been placed on the judgment of Division Bench of this Court in the case of Vichitra Singh Hoda v. State of M.P. and others as reported in (2013) 2 MPLJ 170 and placing reliance on such judgment of this High Court, it is submitted that under similar facts Division Bench of this High Court had declined interference holding that the benefit of qualifying services was rightly extended to said petitioners w.e.f. 01.02.1982 and such employees are not entitled to get the services rendered by them in Panchayat, counted for the purpose of qualifying service for pension.