MUKESH KUMAR SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These petitions raising a common issue of law do not entail any adjudication of disputed question of facts, and therefore are being addressed and decided by this common judgment. SBCWP No. 2322/2019, Mukesh Kumar Sharma and Others v. State of Rajasthan and others, will be adverted to as the lead case for referring to the underlying facts, where necessary.

(2.) The petitioners are all clerks Grade-II under the Rajasthan Panchayati Raj Establishments under Zila Parishads and holders of ministerial subordinate posts in the Panchayat Samitis and Zila Parishads under the Rajasthan Panchayati Raj Rules, 1996 (hereafter 'the Rules of 1996').

(3.) Sec. 78 of the Rajasthan Panchayati Raj Act, 1994 (hereafter 'the Act of 1994') speaks of appointment of Secretary and other staff. Clause (a) of sub-sec. 1 thereof provides that there shall be for every Panchayat a Secretary, who shall be appointed in the prescribed manner. Clause (b) thereof provides that every Panchayat may with the previous approval of the Panchayat Samiti appoint such other staff as may be necessary for carrying out the duties imposed on it by or under this Act on such conditions of service as may be prescribed.