KANAILAL MAJHI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In the instant writ application the question which has come up for our consideration is whether Secretaries of different Gram Panchayats constituted under West Bengal Panchayat Act, 1973 can be declared to be holders of Civil Posts under the Government of West Bengal and whether they are government servant and are entitled to benefit, privileges emoluments, pay etc. as government servants.

(2.) The writ petitioners all whom are Secretaries of different Gram Panchayats have jointly moved the writ application praying for declaration as mentioned above. They were granted leave to sue in representative capacity and thereafter a number of persons holding post of secretaries of different Gram Panchayats were added.

(3.) The writ petition was originally moved on March 23, 1983 before a learned single Judge of this Court when the said writ petition was dismissed by the learned single Judge in limini. Against the aforesaid order of dismissal by the learned Single Judge, the writ petitioners preferred a Special Leave Petition being S.L.P. (Civil) No. 8193 (W) of 1983 on May 27, 1983. On March 11, 1985, the aforesaid Special Leave Petition was dismissed by the Supreme Court, with the observation that it would be open to the writ petitioners to prefer an appeal under Clause 15 of Letters Patent before a Division Bench of this Court against the aforesaid order of learned Single Judge. Thereafter such an appeal being F.M.A.T. No. 834 of 1985 was preferred by the writ petitioners before a Division Bench of this Court and the Division Bench after condonning the delay in preferring the appeal ultimately set aside the order of the learned Single Judge and issued a Rule on the writ application and made the same returnable before the Division Bench. It is the aforesaid Rule which has now come up for final hearing before us.