AMOD KR SINGH Vs. STATE

JUDGEMENT

(1.) Heard Shri Jitendra Kumar Roy for the petitioners and Sri Rajeshwar Prasad, G.P. VI for the State.

(2.) Petitioners are Dalpatis and are being paid stipend of Rs. 175 per month. They have filed this writ application for a direction to the respondents-State of Bihar and its functionaries to make appointment on the vacant post of Panchayat Sewak (Secretary) in the district of Gopalganj. Petitioners have earlier approached this Court in C.W.J.C. No. 11078/1996 which was disposed of under order dated 4.12.1996, annexure-3, directing the State-respondents to create 23 posts of Panchayat Sewak in the district of Gopalganj, so that, in every Gram panchayat there should be a Panchayat Sewak (Secretary) for carrying out the duties and responsibility of the panchayat enshrined in the 11th Schedule of the Constitution of India and the provisions contained in the Bihar Panchayati Raj Act, 1993 (hereinafter referred to as Act) and thereafter to make recruitment on those posts in accordance with law. In compliance of the aforesaid order of this Court dated 4.12.1996, annexure-3, the authorities of the State of Bihar after recommendation of the Personnel Administrative Committee sanctioned 843 posts of Panchayat Sewak in the scale of Rs. 975-1540.00 under memo No. 2610 dated 20.8.1988, annexure-4, so that, in every panchayat of the State a Panchayat Sewak (Secretary) is appointed in terms of Sec. 32 of the Act to carry out the duties and responsibilities of the Panchayat enshrined in the Constitution of India and the Act.

(3.) It appears from the counter-affidavit filed by respondent Nos. 5 and 7 that appointment on the vacant post of Panchayat Sewak (Secretary) including 843 posts created under annexure-4 could not take place as the State Government in view of financial stringency had imposed a ban on class 3/4 appointments including posts sanctioned under non-plan head vide departmental circular No. 8560 dated 30.12.1986 which was further reiterated under departmental circular 4675 dated 27.7.1998 and letter No. 10 dated 2.1.2002, annexure-B, to the said counter-affidavit. Perusal of circular letter No. 10 dated 2.1.2002, annexure-B, further indicates that in the event any class 3/4 post was necessarily required to be filled up then the Secretary of the concerned department had to take the approval for making such appointment from the Finance Department of the State Government. It also appears from the said counter-affidavit that procedure to fill up the vacant posts of Panchayat Sewak (Secretary) in the district of Gopalganj was initiated and in that connection district selection committee even selected 19 Dalpatis for appointment on the post of Panchayat Sewak in its meeting dated 8.9.2001 and thereafter referred the matter to the Divisional Commissioner, Saran, for roster clearance. Having obtained the roster clearance from the Divisional Commissioner the District Magistrate under letter No. 231 dated 10.5.2002, annexure-A to the counter-affidavit even requested the Director, Panchayati Raj Bihar, Patna, to obtain necessary clearance from the Finance Department for making the appointment on the vacant posts of Panchayat Sewak, as in terms of the circular dated 30.12.1986 and 27.7.1998 in view of prevailing financial stringency approval of the Finance Department was necessary for making appointment on those posts.