SHYAM DEO MEHTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD counsel for the parties and considered the counter affidavit filed on behalf of the State.

(2.) THE writ petitioners pray for issuance of direction upon the respondents to appoint them on the vacant and sanctioned posts of Panchayat Sewak in the district of Aurangabad in light of Section 32 of the Bihar Panchayati Raj Act, 1993 [hereinafter to be referred to as "Act"].

(3.) A counter affidavit has been filed on behalf of the respondents stating therein, inter alia, that the State Government will have to bear additional financial burden of Rs. 13.20 crores per annum, if fresh appointments are made against the vacant posts of Panchayat Sewak, and, therefore, it would be extremely difficult for the State Government to bear this expenditure at the present juncture and for the reasons aforementioned, the State Government, at present, has decided not appoint Dalpatis to the vacant posts of Panchayat Sewak and vide notification No. 2295. dated 27.7.2001 the State Government has decided to fill up the vacant posts of Panchayat Sewak through deputation from amongst the village level workers and Halka Karmacharis. Section 32 of the Act, reads as follows : "32. Staff of Gram Panchayat : (1) There shall be a Secretary in every Gram Panchayat who shall be appointed by the State Government. (2) The Secretary shall be incharge of the office of the Gram Panchayat and shall perform all the duties and exercise all the duties and exercise all the powers imposed or conferred upon him by or under this Act or any rules or bye -laws made thereunder.