GRAM RAKSHA DAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE Petitioner, in the instant case, has filed this Writ Application in a representative capacity praying for a Writ of Mandamus upon the Respondents (particularly the Respondent No.2) to transfer the Dalpatis working in the district of Dumka and Jamtara to their respective districts in view of the fact that originally the district of Jamtara was comprised within the district of Dumka, but after bifurcation of the State of Bihar and creation of the new State of Jharkhand, the district of Dumka was also truncated and two districts, namely, the districts of Dumka and Jamtara were carved out. The Petitioner has also made a prayer that the residents of Dumka who are working as Dalpatis in Jamtara be transferred to Dumka and similarly, the residents of Jamtara who are working as Dalpatis in Dumka be transferred to Jamtara, so that promotion/appointment to the post of Panchayat Sewaks can be done in accordance with law. The Petitioner has further prayed for a direction upon the Respondents to appoint Panchayat Sewaks from amongst the Dalpatis working in the different blocks and Panchayats of Jamtara taking into consideration that a large number of vacancies of Panchayat Sewaks are lying in that district. They have also made a pr9yer that the Respondents should relax the age criteria of such Dalpatis who have crossed the age of 40 so that they can be appointed on the post of Panchayat Sewaks taking into consideration that they have been rendering their services for a very long period of time by receiving a meagre sum of Rs. 175/ - as salary which is termed as "Mandeya". The Petitioner has also made a prayer that the aforementioned "Mandeya" should be enhanced to such an extent that it conforms at least to the rates prescribed under the Minimum Wages Act so that the Dalpatis can lead a respectable life along with their families.

(2.) THE Petitioner, which is a Gram Raksha Dal of the District Branch of Jamtara, is an unregistered society of Dalpatis said to be representing 27 of them and who are posted in different Panchayats and under different Blocks within that district. At paragraph 7, it has been stated that its members were all appointed as Dalpatis on various dates and some, as per Gradation List brought on record vide Annexure 1, show appointments having been made as early as in the year 1978, 1981 and so on and so forth. Prior to the creation of the State of Jharkhand, they were all working as Dalpatis in the unified district of Dumka. However, after creation of separate districts, all its members are working in the district of Jamtara, but in Dumka the vacancy position of Panchayat Sewaks is 26 while at Jamtara it is only two. According to the Petitioner, 11 posts of Panchayat Sewaks were vacant in the district of Dumka in the year 1999 and they were to be filled up from amongst the members of this Petitioner in order of seniority. They have further stated that since 25/26 posts of Panchayat Sewaks are now vacant in the district of Dumka and since 22 are working in the district of Jamtara who are permanent residents of Dumka, therefore, if they are sent back to their home districts, then there would be a larger vacancy at Jamtara.

(3.) IN the Counter Affidavit filed by the Respondent Nos. 5 and 6, it has been stated at paragraph 9 that an inter -district transfer can be done only by the Commissioner, but he .cannot make a suo -motu transfer unless there is a representation on behalf of the person concerned, who desires such a transfer. It has further been stated at paragraph 11 that the State of Jharkhand has formulated and enacted rules for appointment of Panchayat Sachiva. It has also been stated that the vacancy approved by the Director, Panchayat Raj is to be filled up from amongst promotion from the Dalpatis and 50% by direct recruitment.