LAWS(PAT)-2010-9-71

CHANDRADEO THAKUR Vs. STATE OF BIHAR

Decided On September 23, 2010
Chandradeo Thakur Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Petitioner is aggrieved by the instruction of the Deputy Director, Panchayati Raj Department, Government of Bihar contained in letter No. 4094 dated 12.8.2008, Annexure-2, whereunder in appreciation of the service rendered by him for over ten years his services has been regularized on Class-IV post in the Zila Parishad, Samastipur (hereinafter referred to as the Zila Parishad) with instruction that the financial burden arising out of his regularization shall be borne by the Zila Parishad from its own resources. He is also aggrieved by the instruction of the Panchayati Raj Department contained in letter No. 1759 dated 30.4.2009, Annexure-10, whereunder direction has been issued to the Deputy Development Commissioner-cum-Executive Officer, Zila Parishad that in compliance of the instructions of the Panchayati Raj Department contained in letter dated 12.8.2008, Annexure-2 the financial burden arising out of payment of salary to the employees of the Zila Parishad is to be borne by the Zila Parishad from its own resources. Reliance in this connection, under letter dated 30.4.2009, Annexure-10 is also placed on the departmental letter No. 265 dated 22.1.2002, Annexure-B to the counter affidavit, perusal whereof indicates that thereunder Panchayati Raj Department is releasing fund i.e. 30% as grant and 40% as loan to the Zila Parishad to meet the salary expenses of its employees.

(2.) It is submitted on behalf of the Petitioner that as the Panchayati Raj Department of the State Government is meeting 70% of the salary expenses of the employees of the Zila Parishad, it should also meet 70% of the salary expense of the Petitioner as Petitioner is also serving the Zila Parishad and there is nothing tangible to differentiate the case of the Petitioner with the other employees of the Zila Parishad whose salary expenses to the extent of 70% is met by the State. Counsel for the Petitioner further submitted that Zila Parishad is a panchayat within the meaning of Part-IX of the Constitution of India and has been established in terms of the provisions of the Bihar Panchayat Raj Act, 2006 (hereinafter referred to as the Act) for realizing the dream(s) of the constitution makers to provide for grass root democracy in every district of the State for promoting agriculture, irrigation, horticulture, rural electrification, distribution of essential commodities, soil conservation, marketing, social forestry, animal husbandry and dairy, minor forest produce, fuel and fodder, fisheries, household and small scale industries, rural roads, health and hygiene, rural housing, education, social welfare and welfare of the weaker section, poverty alleviation, social reform activities and all such matters enumerated in the 11th schedule of the Constitution. Aforesaid development work to serve the populace in the district is to be carried out by the Zila Parishad subject to such condition as may be prescribed by the State Government from time to time. Besides the aforesaid development work the Zila Parishad may also be assigned by the State Government functions in relation to any matters to which the executive authority of the State Government extends. From perusal of the provisions of the Act, it is thus evident that Zila Parishad serves as an executive arm of the State Government to carry out the development works assigned to it by the State Government for the betterment of the populace living in the district. The work assigned to the Zila Parishad is to be carried out from the funds of the Zila Parishad which shall comprise of the con-tributions and grants received from the Central, State Government, Panchayat Samiti or any other local authority including loans if any granted by the Central, State Government or raised by the Zila Parishad. Sub-section (2) of Section 81 of the Act require every Zila Parishad to set apart and apply annually such sum as may be required to meet the cost of its own administration including the payment of salary, allowances, provident fund and gratuity to the officers and employees of the Zila Parishad. Zila Parishad is also empowered to levy tolls, fees subject to such maximum rates as the State Government may prescribe. The Chief Executive Officer of the Zila Parishad is appointed by the State Government. Besides under Sub-section (2) of Section 87 the State Government is also empowered to post or depute in every Zila Parishad such number of officers and staff, as the State Government considers necessary. Under Sub-section (3) of Sections 87, 161 of the Act the State Government is empowered to frame Rules for appointment of paid or honorary functionaries or professionals as may be required by the Zila Parishad for carrying out its functions. In terms of Section 164 of the Act the officers and employees of the panchayat function subject to any general or special direction given by the State Government.

(3.) From close perusal of the different provisions of the Act as indicated above, it is evident that Zila Parishad has been constituted as an institution of the Panchayati Raj for realizing the dream(s) of the constitution makers to ensure grass root democracy for undertaking all round development of the population living within a district and that Zila Parishad is discharging the functions entrusted to it under the Constitution subject to the deep and pervasive control of the State Government. In appreciation of such control the State Government has resolved to release 40% as loan and 30% as grant of the total expenses, which is likely to be incurred by the Zila Parishad in meeting the salary expenses of its officers and employees vide letter dated 22.1.2002, Annexure-B to the counter affidavit.