RAJWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS order shall dispose of aforementioned three writ petitions, wherein the petitioners have challenged the legality of Section 16 (4) of the Punjab Gram Panchayat Act, 1952 (for short 'the Act'), by declaring the same as ultra vires to Articles 14 and 16 of the Constitution of India.

(2.) THE petitioners are working as Panchayat Secretaries in the different Panchayats, even prior to the constitution of Punjab Panchayat Secretaries (Recruitment & Conditions of Service) Rules, 1979 (for short 'the Rules'), framed in exercise of powers conferred under Section 16 of the Act. THE stand of the petitioners is that constitution of separate service under the control and management of the Panchayat Samiti is ultra vires to Articles 14 and 16 of the Constitution of India and that the petitioners are government servants holding the civil posts under the State.

(3.) IN exercise of the powers conferred under sub-section 2 of Section 16 of the Act, the State Government has notified Punjab Panchayat Secretaries (Recruitment and Conditions of Service) Rules, 1979. Such Rules provide qualification for appointment on the post, method of recruitment, cadre of service, seniority and liability of members of service to transfer. The relevant Rules are as under: