SURENDRA KUMAR SRICHANDAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioners, in this writ petition, seeks for a direction to opposite party Nos. 6 and 7, the authorities of the Bhubaneswar Municipal Corporation (for short "the Corporation") to absorb/appoint the petitioner Nos. 1, 2 and 4 permanently against the suitable post of Class-Ill category and petitioner No. 3 against Class-IV post corresponding to the post held by each of them before merger of their respective Grama Panchayats with retrospective effect from 01.06.1997 and to grant them all consequential, financial and service benefits in the said post under the Corporation.

(2.) The facts and circumstances giving rise to the present writ petition are that, so far as petitioner Nos. 2 and 3 are concerned, petitioner No. 2 consequent upon the selection to the post of Asst. Secretary of Mancheswar Grama Panchayat got appointed in the said post on 21.03.1996. While so working, his appointment was duly approved by the District Panchayat Officer, Khurda vide order dated 01.03.1997. Similarly, petitioner No. 3 having been selected as a Peon got appointed in the said post under Mancheswar Grama Panchayat and his appointment was also duly approved by the District Panchayat Officer, Khurda vide order dated 28.04.1997 with effect from 10.03.1997. On 17.05.1997, the Government of Orissa in Housing & Urban Development Department vide notification dated 17.05.1997 (Annexure-1) notified that the existing municipal area of the Corporation shall include the local area of Mancheswar and Pahala Grama Panchayats. On 30.05.1997, the Government of Orissa in Panchayatiraj (G.P.) Department, vide notification dated 30.05.1997 (Annexure-2) notified that the whole area of Grama "Mancheswar" of Bhubaneswar Block and five villages of Grama "Pahala" of Balianta Block under Bhubaneswar Sub-Division in the district of Khurda to have been included in the local limits of the Corporation and the remaining two villages namely, Saleswar and Bhimpur of Pahala to have been included within the Grama Balianta and Jagannathpur respectively. Consequently, it is declared that the two Gramas, namely, Mancheswar and Pahala to be abolished and the Grama Sasan thereof to be ceased to function with immediate effect.

(3.) Mr. S.K. Mishra, learned Counsel appearing on behalf of the petitioners vehemently argued that the petitioner No. 2, consequent upon his selection as Asst. Secretary of the Mancheswar Grama Panchayat, got appointed in the said post on 21.03.1996. While continuing as such, his appointment was duly approved by the District Panchayat Officer, Khurda (for short, 'the DPO') by order dated 01.03.1997. Similarly, consequent upon selection of petitioner No. 3 as Peon, he was appointed in the said post which was duly approved by the DPO by order dated 28.04.1997 with effect from 10.03.1997. Referring to 149 of the Orissa Grama Panchayats Act, 1964 it is vehemently argued that in view of the decision of the State functionaries, the opp. parties should have absorbed the petitioners in the establishment of BMC. In a similar situation, after abolition and amalgamation/merger of the Aiginia Grama Panchayat with Bhubaneswar Municipality, the Chairman of BMC and the Executive Officer vide their Office Order dated 05.10.1990 appointed the ex-employees of the merged Aiginia Grama Panchayat in the substantive posts in pursuance of letter No. 14961 dated 23.04.1990 and Order dated 11.09.1990 of the Government in Housing and Urban Development Department. Therefore, there is no justification as to why the BMC is not absorbing the petitioner Nos. 2 and 3 who were working in Mancheswar GP under Bhubaneswar Municipality immediately after transfer of the assets and liabilities of the Grama Panchayat to the Municipal Corporation. To strengthen his argument, learned Counsel relied upon the Government Notification issued under Annexure-12, the Order of Collector under Annexure-3, letter of the Panchayat Samiti under Annexure-4 and letter of the Government to the Collector under Annexure-5.