VIJAY SHANKER PATHAK Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ petition has been preferred with the prayer to quash letter No. 230, dated 18.1.2002 (Annexure-1), issued by the Rural Development Department, Government of Bihar, and the consequential order bearing Memo No. 83/Panchayat, dated 8.2.2002 (Annexure-1/A), issued by respondent No. 4 (The District Magistrate, Begusarai), whereby the petitioner has been informed that a Dalpati is not a Government servant.

(2.) According to the writ petition, the petitioner was appointed as a Dalpati of Mehada Shahpur Panchayat, Cheriya Bariyarpur Block, district- Begusarai, by order dated 11.4.1986 (Annexure-8). He continued as such till he was selected for training for the purpose of his selection as Panchayat Sewak, vide order bearing Memo No. 808/Panchayat, dated 6.10.1994 (Annexure-10). The petitioner has since superannuated as a Panchayat Sewak of the said Mehada Shahpur Panchayat. He preferred C.W.J.C. No. 10879 of 2000, praying therein to treat his services rendered as a Dalpati for the period 7.4.1986 to 6.11.1995, as a Government servant and may count for the purpose of post-retirement benefits. The same was disposed of by order dated 6.11.2000, whereby he was permitted to withdraw the writ petition with the liberty to file a fresh representation before the concerned authority to ventilate his grievances. His representation has been rejected by the impugned order wherein it is stated that a Dalpati is not a Government servant. Hence this writ petition.

(3.) While assailing the validity of the impugned order, learned Counsel for the petitioner submits that a Dalpati is holder of a civil post. He has taken me through the scheme of the Bihar Panchayat Raj Act 1947 (hereinafter referred to as 'the Act'), and the Bihar Panchayat Village Volunteer Force Rules 1949 (hereinafter referred to as 'the Rules'), in an effort to establish that the provisions of the same cumulatively show that a Dalpati is holder of a civil post. He relies on the judgment of the Supreme Court reported in , State of Gujarat and Anr. v. Raman Lal Keshav Lal Soni and Ors., 1983 1 LLJ 284 . He further submits that the powers, duties and functions conferred by the Act on a Dalpati are governmental functions. He has relied on the judgment of this Court reported in Satya Narain Paswan v. The State of Bihar and Ors.,1999 3 PLJR(SC) 624.