PARAS MAL MALI Vs. STATE

JUDGEMENT

(1.) By way of filing the present writ petition, the petitioner has prayed for quashing the order dated 20.6.2005 (Annexure -10) passed by Secretary, Panchayati Raj Department whereby the representation of the petitioner filed in accordance with the order passed by this Court in S.B. Civil Writ Petition No. 2591/2003 was rejected.

(2.) Brief facts of the case are that initially the petitioner was appointed for collection of revenue/octroi by the Gram Panchayat, Samdari, Panchayat Samiti Siwana. Not only the petitioner but so many other persons were also appointed as 'chungi nakedar' for collection of octroi in different Gram Panchayats. The petitioner was appointed on 7.4.1995 and continued upto Agril, 1998. The petitioner is possessing qualification of Senior Higher Secondary acquired from Board of Secondary Education, Rajasthan. The octroi collection system was abolished in the year 1998 and the persons including the petitioner were directed to be absorbed against the post of Gram Sevak. For the said purpose a circular dated 14.11.2000 was issued in which relaxation was granted under the Rules 265, 266 and 270 to 273 of the Rajasthan Panchayati Raj Rules, 1996 (hereinafter for short "the Rules of 1996" only).

(3.) In pursuance of the said circular dated 14.11.2000, the names of similarly situated persons were sent for considering their candidature for absorption on the post of Gram Sevak. Unfortunately, at that time due to mistake of Panchayat Samiti, the name of the petitioner was not sent initially but later on when this mistake was pointed out then Vikas Adhikari, Panchayati Samiti, Sivana referred the matter to the Director vide letter dated 23.11.2000. After receiving the said letter by the Government, the name of the petitioner along with other persons was forwarded to the Chief Executive Officer to absorb them on the post of Gram Sevak. The name of the petitioner was included in the letter sent by Dy. Secretary, Panchayati Raj Department dated 30.12.2000. The Addl. Chief Executive Officer, Barmer ascertained some information from the Vikas Adhikari, Panchayat Samiti, Sivana and in the report submitted by the Vikas Adhikari to the Addl. Chief Executive Officer, Barmer, it is accepted that the petitioner was initially appointed in the year 1995 and continued upto 1.4.1998, therefore, after receiving information, the petitioner was appointed as Gram Sevak vide order dated 23.3.2001 along with four other persons.