KANHIYA LAL NAI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Briefly stated facts of the case are that the petitioner was appointed as 'Gate Keeper' vide order dtd. 5/8/1981 in Panchayat Samiti, Lunkaransar on temporary basis. The petitioner joined services on 14/8/1981 which were extended from time to time. In the year 1992, a resolution was adopted in the meeting of Panchyat Samiti, Lunkaransar dtd. 23/10/1992 whereby the petitioner was appointed on the post of 'Octroi Collector'.

(2.) After abolishment of octroi in the State of Rajasthan, the Chief Executive Officer, Zila parishad, Bikaner enquired about the status of employees working at Gram Panchayat, Lunkaransar providing services related to octroi collection and consequently, had been rendered surplus. The Gram Panchayat, Lunkaransar furnished necessary details pertaining to all the employees who had been rendered surplus to the Zila Parishad, Bikaner.

(3.) An order dtd. 6/8/1998, was passed by the State Government stating inter alia that the employees who were working in connection with collection and management of octroi shall not be retrenched from services. Subsequently, the petitioner continued in the employment of Gram Panchayat, Lunkaransar uninterruptedly from the date of initial appointment i.e. 14/8/1981. The Zila Parishad, Bikaner vide letter dtd. 23/11/2007, forwarded a list of employees working in various Gram Panchayats falling under its jurisdiction for accommodation of employees on other posts who were rendered surplus due to abolition of octroi in the State of Rajasthan.