NIRMAL KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD counsel for the petitioner and counsel appearing for the State. Prayer of the petitioner in this writ application is for fixing his seniority on the post of Panchayat Sewak with effect from the date allowed to Respondent No. 5, who was admittedly junior to him and also to allow him all consequential benefits from the date of his promotion to be fixed on the basis of Government order contained in Memo No. 6537 dated 26.11.1987. Petitioners case is that initially he was appointed on the post of Dalpati in Visharah Gram Panchayat by the Executive Committee in the district of Rohtas as per the provision under Rule 4(1) of Bihar Panchayat Village Volunteer Force Rules, 1949. His appointment was approved by the District Panchayat Officer, Rohtas with effect from 25.11.1981 and the same was communicated to him vide Memo No. 664 dated 4.12.1981. Petitioner completed his mandatory training provided under Rule 5 of 1949 Rules and declared successful in the examination for which a certificate was granted to him on 20.5.1983.

(2.) THE post of Panchayat Sewaks was filled by the Dalpatis as per the Government circular and notification issued time to time. In the year, 1987 the government took decision for giving training to untrained Dalpatis for appointment on the post of Panchayat Sewak on the basis of seniority. It was also decided to prepare a district wise gradation list as per the 1987 guidelines. THE District Magistrate and District Panchayat Officers were directed to prepare gradation list of Dalpatis. THE criteria fixed by the State Govt. for fixing seniority as laid down in Memo No. 6537 dated 26.11.1987, was the date of approval of appointment by the District Panchayat Officer on the post of Dalpati. Petitioners grievance is that ignoring the guideline of the State Govt. contained in Memo No. 6537 dated 26.11.1987 the gradation list was prepared in which the seniority was decided on the basis of date of training instead of date of approval on the post of Dalpati. THE senior Dalpatis were promoted to the post of Panchayat Sewak. Due to this reason, petitioner, whose appointment was approved vide Memo No. 457 dated 1.8.1989 was not considered for promotion to the post of Panchayat Sewak and juniors to the petitioner, especially Respondent No. 5 was given promotion with effect from 1.8.1989.