GANGADHAR DAS Vs. THE STATE AND ORS.

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution by the Secretary of Tutapeta Grama Punchayat against the decision of that Punchayat, arrived at a meeting held on 25 -12 -1956 terminating the Petitioner's services after giving him one month's notice.

(2.) THE Petitioner is an under -Matric, but he was appointed temporarily as the Secretary of the aforesaid Punchayet on 19 -9 -1950. The resolution of the Punchayat appointing him temporarily as Secretary was passed on 13 -6 -1950 but as required by Rule 85 of the Orissa Grama Punchayat Rules the previous approval of the Registrar of Cooperative Societies, exercising the powers of a District Magistrate, was conveyed only on 19 -9 -1950. The order of appointment therefore took effect only from that date. While giving his approval (see Annexure A) the Registrar expressly stated that the Petitioner's appointment was approved as recommended by the Grama Punchayet. In the resolution the appointment was recommended as a temporary measure and hence the Registrar's order must be construed to mean that the Petitioner's appointment was approved only on a temporary basis. There is no subsequent resolution of the Grama Punchayet or of the authority confirming him in that post. While he was thus working temporarily as Secretary of the said Grama Punchayet Government decided that the minimum educational qualification of the Secretaries of all Grama Punchayats should be the Matriculation standard and instructions were issued to all Punchayats to take steps to terminate the services of those Secretaries who did not possess this minimum qualification. In pursuance of there instructions of the Government the Totapeta Grama Punchayat, by another resolution dated 25 -12 -1956 terminated the services of the Petitioner after giving him one month's notice.

(3.) WE see therefore no justification for interfering with the order of discharge passed against the Petitioner. We find however that at the time of the admission of this writ application we stayed the operation of the Punchayet's order terminating his services and we are informed that he Petitioner has continued to serve as Secretary of the Punchayet since that date till today. He should therefore be paid his salary for working as Secretary till today, and the order terminating his services as Secretary will take effect from today.