MADHO SINGH Vs. STATE AND ORS.

JUDGEMENT

(1.) BY this petition for writ, a challenge is given to the order dt. 07.05.1984 passed by the Dy. Development Commissioner (Administration -II), Department of Rural Development and Panchayati Raj, Government of Rajasthan whereby the petitioner was ordered to be reverted as Class -IV employee from the post of Gram Sewak.

(2.) IN brief, facts of the case are that the petitioner entered in the services of the respondent Panchayat Samiti, Luni being appointed as Class -IV employee on 28.08.1965. A promotion was accorded to him as "Gram Sewak" on temporary basis by the Secretary, District Establishment Committee, Zila Parishad, Jodhpur. Being brought in knowledge of the Dy. Development Commissioner (Administration -II) and after considering the same, the order impugned dt. 07.05.1984 was passed directing the Secretary of the District Employees Cadre Committee, Jodhpur to revert the petitioner as Class -IV employee. Being aggrieved by the same, the petitioner preferred a writ petition (SBCWP No. 1503/1984) before this Court that came to be disposed of on 08.09.1994 with a direction to the respondents to consider the case of the petitioner for regularization in service as "Gram Sewak" on basis of his record of service. The respondents in pursuant to the directions above passed an order dt. 10.11.1994 holding therein that on screening the petitioner was not found fit to be promoted as "Gram Sewak" i.e. Village Level Worker. Being aggrieved by the same, this petition for writ is preferred.

(3.) IT is relevant to note that the screening of the petitioner for appointment as Gram Sewak was made in pursuant to Proviso 3 to R.6 of the Rajasthan Panchayat Samitis and Zila Parishads Act, 1959 that prescribes as follows: