RAM KARAN SHARMA Vs. PANCHAYAT SECRETARY AND ORS.

JUDGEMENT

(1.) Heard learned counsel for the parties and perused the material available on record. The fact giving rise to this appeal in brief, are that the appellant after being appointed as Assistant Secretary on November 30, 1979 by the respondent No. 3, was sent for training vide order dated December 27, 1980. After completion of successful training, the appellant was relieved vide order dated January 13, 1981. The services of the appellant were however abruptly terminated by order dated August 20, 1990. The said order was assailed by the appellant in the learned Labour Court Jaipur and the learned Labour Court vide award dated February 26, 1996 directed that the termination order was illegal and the appellant was entitled to be continued in service. Pursuant to the award, orders dated April 6, 1996 and April 7, 1996 were respectively passed by Panchayat Samiti Jamwa Ramgarh and Panchayat Dangarwara and the appellant was taken back on duty. Thereafter the Development Officer, Panchayat Samiti Jamwa Ramgarh forwarded the name of appellant along with one Babu Lal for consideration to the post of Gram Sewak. The respondents, though not considered the name of the appellant, gave relaxation in qualification to Babu Lal and appointed him on the post of Gram Sewak. The action of respondents was challenged by the appellant by filing writ petition, but the learned Single Judge dismissed the writ petition. Hence this appeal.

(2.) On July 09, 2008 we directed the Panchayat Secretary to produce relevant Cabinet decision whereby relaxation was accorded. A look at the Cabinet decision which has been placed for our perusal, demonstrates that Cabinet had authorised the Hon'ble Chief Minister to take final decision in the matter. Hon'ble Chief Minister approved absorption of 319 surplus employees as Gram Sewak. Undeniably appellant was also included in the said surplus employees. Thus it was incumbent upon the respondents to absorb the appellant on the post of Gram Sewak after giving him relaxation in qualification but the Cabinet decision was not complied with by the respondents. In our opinion the appellant, who was having qualification to be appointed as Assistant Secretary at the time of initial appointment, was entitled to be absorbed.

(3.) Mr. Gill, learned Additional Advocate General, has placed before us a decision taken by Deputy Secretary, DOP and canvassed that in view of Rule 266 of the Rajasthan Panchayat Rules, 1996 since the appellant was not having Higher Secondary or Senior Secondary certificates, he was not eligible for the appointment. We find no substance in this submission. The Deputy Secretary was not competent to take independent decision. He was bound to follow the Cabinet decision in letter and spirit. In our opinion, the act of respondents in not following the Cabinet decision was an act of insubordination. For these reasons, we allow the appeal and set aside the impugned orders. We direct the respondents to follow the Cabinet decision and consider the case of the appellant for appointment on the post of Gram Sewak from the date when Babu Lal was given appointment. The respondents shall ensure compliance of this order within thirty days from today. The appellant shall also be entitled for compensation which will be quantified as Rs. 500/ - as costs.