JUDGMENT 1. - This batch of writ petitions, being identical in nature, is being disposed of jointly by a common order. The petitioners herein are working as Assistant Secretaries in different Gram Panchayats in Rajasthan and they are seeking absorption/regularisation of their services in the posts of Gram Sewak-cum Panchayat Secretary and also equal pay, dearness and other admissible allowances at par with regularly appointed persons on such posts. In fact, this is a second round of litigation on behalf of the Assistant Secretaries of Gram Panchayats. Earlier also some petitions were filed by the Assistant Secretaries when the State Government took a decision to make recruitment of 643 Gram Sewaks from work-charged employees of the Irrigation Department. A batch of 19 writ petitions was decided on 22nd February, 1995 in Sawai Singh and others Vs. State of Rajasthan and other connected petitions, S.B. Civil Writ Petition No.524/1990 . The prayer of the Assistant Secretaries to appoint them in the posts of Gram-Sewak-cum-Panchayat Secretaries was declined by the learned Single Judge of this Court placing reliance on an earlier decision of this Court in Shiv Ram Jat Vs. State of Rajasthan S.B. Civil Writ Petition No. 5511/1989 decided on 6th May, 1993 . In Shiv Ram's case, this Court declined prayer of the petitioner-Assistant Secretary of Gram Panchayat for giving him equal pay and other benefits admissible to the post of Village Level Worker cum Secretary of Gram Panchayat. In Sawai Singh's case, (supra) the learned Single Judge agreed with the view taken by this Court in Shiv Ram Jat's case that the work of Assistant Secretary and Secretary of a Panchayat cannot be equated and recruitment of persons on the posts of Assistant Secretary was not in accordance with the Act and Rules made thereunder. Consequently, all writ petitions were dismissed observing as under: "All the writ petitions, numbered above therefore, having no force. An observation was made in the judgment of Shivram Jat (referred to above) that it is expected from the Government that the persons who are working on the posts of Asstt. Secretary for large number of years, should be adjusted on other posts avilable with the Panchayat Samitis. An observation was made in the judgment of Shivram Jat (referred to above) that it is expected from the Government that the persons who are working on the posts of Asstt. Secretary for large number of years, should be adjusted on other posts avilable with the Panchayat Samitis. It has been stated by the respondents that all the moment there are no posts but if at any point of time any posts of Gram Sewak are sanctioned, the candidature of those persons who have served as Asstt. Secretary in different Panchayat Samities would be sympathetically considered. At that point of time the question of any bar of age would not come in the way." 2. The State of Rajasthan, being aggrieved with observations made in the above judgment for consideration of those persons serving as Assistant Secretaries sympathetically for appointment on other posts available with the Panchayat Samities, preferred a Special Appeal which was registered as D.B. Civil Special Appeal (Writ) No. 638/1995. The Division Bench of this Court dismissed the special appeal clarifying the observations as under : "The observations made by the learned Single Judge are not in the nature of direction given to the Government. Therefore, the apprehension that if the observations are not strictly complied with, the Government will be held liable for contempt of court, has no merit. However, it is expected of the Government that due weightage shall be given by the authority concerned to the observations made by the learned Single Judge." 3. Learned counsel appearing for the petitioners, reiterating the same old arguments canvassed during the earlier litigation, contended that some legal aspects remained to be considered in the earlier decisions. Learned counsel urged that most of the petitioners are working as Assistant Secretaries for the last 10 to 20 years and their appointments were made after due approval of the respective Panchayat Samities. That they are performing and discharging the same duties of the Secretaries as required under the Rajasthan Panchayat Act, 1953 or the recent Rajasthan Panchayati Raj Act, 1994 (hereinafter referred to as 'the Act of 1994'). Much emphasis was made for absorption under Rule 17A of the Rajasthan Panchayat Samities and Zila Parishads Service Rules, 1959 (hereinafter referred to as 'the Rules of 1959'). Much emphasis was made for absorption under Rule 17A of the Rajasthan Panchayat Samities and Zila Parishads Service Rules, 1959 (hereinafter referred to as 'the Rules of 1959'). It was, then, contended that the petitioners are fulfilling academic qualification necessary for the post of a Secretary and as such, direction for absorption/regularisation against the vacant posts be given to the respondents. In support of their contention, the learned counsel placed reliance on certain judgments of this court and of the Apex Court of the country wherein directions for regularisation of ad hoc/temporary employees were given on completing satisfactory service for a specified period. 4. On the other hand, on behalf of the respondents it was contended that after decisions of this Court in the case of Shiv Ram Jat and Sawai Singh, the questions raised by the petitioners are no more res-integra and these petitions deserve to be dismissed. Learned counsel contended that the datas furnished to the State Government by various district administrations reveal alarming facts i.e. majority of Assistant Secretaries have not been engaged after taking necessary permission from the Panchayat Samiti concerned; many of them are working on part-time basis and this fact is fortified by the meagre remuneration of Rs. 50-100 and 150 per month paid to them and that many of the Assistant Secretaries are doing other work also. In many cases honorary duties are offered by the Assistant Secretaries and basically they are assisting the Village Level-Worker-cum-Ex.Officio Secretaries in discharging of their duties. At many places, though, certificates of work have been issued in their favour but neither any work is being performed by them nor payment is made and this seems to be due to manoeuvring in such matters. Learned counsel further contended that the post of Assistant Secretary is not a cadre post and their appointments were made without following any procedure or the Rules. 5. After hearing extensive arguments on both sides it was noticed by this Court that in presence of two decisions of this Court, referred to above, it may be difficult to mandate in favour of the petitioners, but, still, it was felt that there are some genuine cases where Assistant Secretaries, in fact, are performing and discharging all available duties of a Secretary independently and such deserving persons should not be deprived of being regularised. Hence, on 13th September, 1996, a direction, was given to the State Government to explore the possibility of framing a Scheme for Assistant Secretaries who are working in various Panchayats since long periods. The State Government, in pursuance to the said direction, took.a reasonable and positive attitude in framing a scheme after discussing the matter at the highest level. The Scheme framed by the State Government for sympathetical consideration of the existing Assistant Secretaries has been placed in black and white before this Court and it is as follows : "SCHEME IN THE MATTER OF ASSTT. SECRETARIES: The matter regarding sympathetic consideration of Asstt. Secretaries of Gram Panchayats was discussed as per the direction of the Hon'ble High Court on 13.09.1996 in various pending writ petitions and also in pursuance of the judgment of Hon'ble High Court Bench Jaipur in S.B. Civil Writ Petition No. 524/1990 Sawai Singh vs. State and other similar writ petitions decided on 22.02.1995. During the course of discussions, brief facts were also prepared so as to arrive at a proper conclusion and considerations which are as under BRIEF HISTORY The department had tried to collect data from all districts of the State to find out the mode of engagement, nature of work and remuneration paid to the Asstt. Secretaries. The data so furnished by various districts show alarming facts i.e. majority of the Asstt. Secretaries have not been engaged after taking necessary permission from Panchayat Samities concerned. Further out of such Asstt. Secretaries, many of them are only imparting part time duties in the Panchayats, this fact is fortified by looking to the statement of remuneration which shows that Asstt. Secretaries are paid only Rs. 50, 80, 100, 150 onwards per month from various Panchayats and such Asstt. Secretaries are doing other work also. Even in many cases, honorary duties are offered by various Asstt. Secretaries. Further to it, it has also been given out that basically Asstt. Secretaries are assisting Village Level Worker-cum-Ex-Officio Secretaries in discharge of their duties. On further scrutiny of the record, it was also found that at many places, though certificate of working has been issued in favour of the Asstt. Secretaries, but neither any work is being performed by them nor payment is made, this seems due to manoeuvring in the record in such matters. ISSUES OF CONSIDERATION: Keeping in mind the brief history of the Asstt. Secretaries, but neither any work is being performed by them nor payment is made, this seems due to manoeuvring in the record in such matters. ISSUES OF CONSIDERATION: Keeping in mind the brief history of the Asstt. Secretaries, first of all it is given out that due to the recruitment of the VLW-cum-Ex-Officio Secretaries of Gram Panchayats, the Asstt. Secretaries presently working in various panchayats would not be disturbed by the Government as a consequence of direct recruitment. Therefore, so far as the Asstt. Secretaries are concerned, their rights, if any, are not going to be prejudiced by the direct recruitment. However, keeping in mind the directions of the Hon'ble High Court, the matter was considered for grant of sympathetic consideration to the Asstt. Secretaries regarding their appointment on the post of VLW-cum-Ex-Officio Secretary. SCHEME FOR SYMPATHETIC CONSIDERATION: The existing Asstt. Secretaries have been given age relaxation in pursuance to the judgment given by this Hon'ble High Court. However, apart from such relaxation, it has further been considered that deserving Asstt. Secretaries should also be given certain other benefits, but while doing so, it has been kept in mind that there are almost 2 lakhs unemployed candidates who have submitted their applications for appointment on the post of VLW-cum-Ex-Officio Secretary in pursuance to the advertisement issued by different Zila Parishads. Therefore, to have a balance of equity between such candidates and the deserving Asstt. Secretaries, the following scheme has been framed after keeping in mind that the scheme may have transparency in the matter of appointment/absorption to its maximum extent. Therefore, a bifurcation has been made between two types of cases which has been enumerated and mentioned while giving the benefit to such Asstt. Secretaries: 1. Asstt. Secretaries who have completed more than 10 years services would be awarded 5 bonus marks. 2. Others who have completed more than 15 years of service would be given 7.5 bonus marks. 3. As an exception, it has also been decided that those Asstt. Secretaries who had in fact discharged all the duties and responsibilities of the post of VLW-cum-Ex-Officio Secretary for the last continuous 5 years would be screened for absorption by a screening committee nominated by the Government. However, eligibility criteria for such Asstt. Secretaries would be as under:- (i) They should possess the minimum qualification of Higher Secondary/Senior Secondary prescribed for the post of VLW cum Ex-Officio Secretary. However, eligibility criteria for such Asstt. Secretaries would be as under:- (i) They should possess the minimum qualification of Higher Secondary/Senior Secondary prescribed for the post of VLW cum Ex-Officio Secretary. (ii) They should not have attained the age of superannuation, i.e. 58 years. (iii) Such Asstt. Secretaries must have been drawing regular payment from the concerned Panchayat for the relevant period with a proof in the record of the Panchayat. (iv) Such Asstt. Secretaries must have been discharging all the duties and responsibilities of the VLW-cum-Ex-Officio Secretary continuously for the last minimum 5 years. (v) During the relevant period no VLW-cum-Ex.-Officio Secretary was posted in the concerned Panchayat where the Asstt. Secretaries were discharging the duties of Secretaries. (vi) Such Asstt. Secretaries shall possess good moral character, be medically fit. No criminal proceeding shall be pending against them. The above scheme has been framed to have transparency to the maximum extent it would be made applicable. The above scheme would be made applicable only as a one time exception because no rule permits appointment/regularisation of the Asstt. Secretaries to the post of VLW-rum-Ex.Officio Secretary and judgment of the Hon'ble High Court in the case of Shiv Ram Jat and Sawai Singh fortifies this position. Therefore, this scheme would be taken as an exception. However, it has been decided that for the purpose of providing above referred benefits/weightage, the Committee would call for entire record of all the Asstt. Secretaries working to different Panchayats for the purpose of its scrutiny to find out various details such as, as to whether such Asstt. Secretaries have in fact been appointed and are actually working or not because it has been learnt that certain fake data/certificates have been issued by various Panchayats regarding working of certain Asstt. Secretaries without any proof and record in this regard. Therefore, the benefits/weightage would be admissible only to those Asstt. Secretaries whose services are found in order." 6. The above Scheme was circulated amongst the learned counsel for the petitioners and their objections and views were heard in relation to the above Scheme. By and large, learned counsel for the petitioners, realising their limitations in the case, appreciated the Scheme in general but submitted few objections for necessary modifications in the Scheme. In this connection, the main controversy centred round the requisite qualification for absorption. By and large, learned counsel for the petitioners, realising their limitations in the case, appreciated the Scheme in general but submitted few objections for necessary modifications in the Scheme. In this connection, the main controversy centred round the requisite qualification for absorption. Another objection is with regard to sub-clause (TV) of clause (III) of the Scheme which requires the Assistant Secretary to discharge all the duties of a VLW-cum-Ex.Officio Secretary. Last objection is with regard to sub-clause (V). 7. With regard to academic qualification, learned counsel for the petitioners contended that as per Rule 24 of the Rajasthan Panchayat and Nayaya Panchayat (General) Rules, 1961 (for short 'the Rules of 1961') the academic qualification for the post of a Secretary of a Panchayat is prescribed as "Hindi Middle Standard" and the said Rules are still in force in view of Section 124 of the Act of 1994. Learned counsel also contended that Rule 17A of the Rules of 1959, which deals with absorption in the service of Secretaries of Panchayat, also provides "Middle" as academic qualification for the eligibility of absorption/appointment as VLW-cum-Ex.Officio Secretary to the Gram Panchayat. 8. I have given my careful consideration to the above submissions. 9. In pursuance to the mandate given in Article 40 of the Constitution requiring the State to organise village Panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of Self Government, the State of Rajasthan took a lead by enacting the Rajasthan Panchayat Act, 1953 (for short 'the Act of 1953') and in establishing Gram Panchayats and Naya Panchayats at grass root of village level. Section 23 of the Act of 1953 requires that a Panchayat shall have a Panchayat Secretary or Group Panchayat Secretary for a group of Panchayats who shall be appointed in the prescribed manner. The Rules of 1961 provide academic qualification for the eligibility of a person to the post of Secretary of a Gram Panchayat and it is "Hindi Middle Standard". The Committee headed by Shri Balwantrai Mehta, appointed by the Committee on Plan Projects set up by the Planning Commission, examined the question of formation of village panchayats to decentralise the administration at the block and district level. The Committee headed by Shri Balwantrai Mehta, appointed by the Committee on Plan Projects set up by the Planning Commission, examined the question of formation of village panchayats to decentralise the administration at the block and district level. On basis of the report given by the said Committee, three-tier decentralisation was introduced in Rajasthan by enacting the Rajasthan Panchayat Samities and Zila Parishads Act, 1959. A Panchayat Samiti was introduced for administration at the Block level, including the implementation of the Community Development programme in close association with Panchayats and a Zila Parishad in a district as supervisory body for plan development in the district. By virtue of Section 86, for whole of the State, the Rajasthan Panchayat Samiti and Zila Parishad Service was constituted. At the initial stage, the post of Secretary was not encadred in the Service though village-level-workers were included in the service. Rule 4 of Rules of 1959 categorised the posts included in the Services. The post of VLW-cum-Ex.Officio Secretary to the Gram Panchayat was included in the Service vide Notification dated 22.8.1986, published in the Rajasthan Gazette dated 4.9.1986. Rule 17A was added in the Rules of 1959 vide Notification dated 24.9.1986. Rule 17A runs as under: "17A. Absorption in the Service of Secretaries of Panchayat: (1) Notwithstanding contained in the foregoing rules persons holding the post of Secretaries to Panchayats shall be eligible for appointment as village level worker cum Ex-Officio Secretary Gram Panchayat provided they are middle passed and have not attained the age 45 years at the time of preparation of list mentioned in sub-rule (2) of this Rule. (2) The State Government in pursuance of the Scheme to appoint Village level worker cum Ex-Officio Secretary Gram Panchayat Secretary in each panchayat and village level worker cum ex-officio Secretary Gram Panchayat in a Group of Panchayat, according to a phased programme, shall prepare a list of such Secretaries, who may be suitable for absorption as Village level Worker cum Ex-Officio Secretary Gram Panchayat and send the same to the Commission. (3) The Commission, on receipt of such list shall scrutinise the list and select such of them for appointment to the post of Village level worker-cum-Ex-Officio Secretary Gram Panchayt to fulfil the qualifications and conditions mentioned in sub-rule (1) of this rule. (3) The Commission, on receipt of such list shall scrutinise the list and select such of them for appointment to the post of Village level worker-cum-Ex-Officio Secretary Gram Panchayt to fulfil the qualifications and conditions mentioned in sub-rule (1) of this rule. The Commission shall prepare a district wise merit list of such persons and forward the same to the District Establishment Committee of the district concerned for allotment to the Panchayat Samiti under rule 18(2) and for appointment by the Panchayat Samiti under rule 19." 10. In the Act of 1994, Section 78 provides appointment of Secretary or Group Secretary and also the duties of the Secretary of every Panchayat which reads as under:- "Appointment of Secretary or Group Panchayat Secretary and other staff-(1) Subject to the provisions of this Act and rules made thereunder: (a) there shall be for every panchayat a Secretary or a Group Panchayat Secretary for a group of Panchayats who shall be appointed in the prescribed manner; (b) 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. (2) It shall be the duty of the Secretary of every Panchayat or a Group Panchayat Secretary, subject to the control of the Sarpanch - (a) to keep the records and registers of the Panchayat in his custody; (b) to issue receipts under his signature for sums of money received on behalf of the Panchayat; (c) to be responsible for maintaining the accounts of the Panchayat Fund; (d) to be responsible for the safe custody of the Panchayat Fund; (e) to prepare all statements and reports required by or under this Act or rules made thereunder; (f) to make all payments as may be sanctioned by the panchayat; and (g) to perform such other functions and duties as may be prescribed or delegated under this Act or rules made thereunder." 11. On a perusal of all the relevant provisions referred to above, make it abundantly clear that there is no post like Assistant Secretary under the two Acts or the Rules. The Act of 1953 and the Act of 1994 provide that every panchayat shall have a secretary or a Group Secretary for a group of Panchayats. On a perusal of all the relevant provisions referred to above, make it abundantly clear that there is no post like Assistant Secretary under the two Acts or the Rules. The Act of 1953 and the Act of 1994 provide that every panchayat shall have a secretary or a Group Secretary for a group of Panchayats. After introduction of three-tier system by the enactment of Panchayat Samities and Zila Parishads Act, 1959 to have co-ordination in development works and in view of poor financial conditions of the Panchayats, it was though desirable that Village Level Workers (Gram Sewaks) be made Ex-Officio Secretaries of Gram Panchayats and financial burden of their salary etc. be borne by the State Government. Hence, rule 17A was introduced in the Rules of 1959 for absorption of persons holding the posts of Secretary in Panchayats, as Village Level Worker-cum-Ex.Officio Secretaries Gram Panchayats. After coming into force of the Act of 1994, the functions and powers of the Panchayats have further increased, which are enumerated in First Schedule contained in the Act of 1994. Taking into consideration the enormous functions and duties of the Panchayats it appears that a policy decision has been taken by the State Government that every Gram Panchayat should have a separate Gram Sewak/Village Level Worker and this should be executed in phases. In a meeting of the committee under Chairmanship of the Chief Secretary, held on 5th April, 1994, it was also decided that big panchayats having financial resources may also appoint Assistant Secretaries from their own funds and their agreement of engagement be got approved from the Law Department. Thus, taking into consideration, the various provisions of the two Acts and Rules the view taken by this Court in Sawai Singh and Shiv Ram cases (supra) appears to be correct. 12. Resuming to the question of academic qualification for absorption the Rules of 1959 do not prescribe academic qualification of a Secretary Gram Panchayat and this is for the reason that under the Rules, the post of the Secretary is not encadered. 12. Resuming to the question of academic qualification for absorption the Rules of 1959 do not prescribe academic qualification of a Secretary Gram Panchayat and this is for the reason that under the Rules, the post of the Secretary is not encadered. As stated earlier, in the Rules, at initial stage, Village Level Workers (for short V.L.Ws.) were included in the Service, but later on, vide Notification dated 22.8.86, a Village Level Worker was also made Ex-Officio Secretary-Gram Panchayat and in categories of the posts consisted in the Service Village Level Worker-cum-Ex-Officio Seretary, Gram Panchayat was made a cader post and for V.L.W. the minimum academic qualification was prescribed Matric after 1.4.56. By subsequent amendment in the Rules of 1959, the post of V.L.W.-cum-Ex-Officio Secretary-Gram Panchayat was substituted as Gram Sevak-cum-Ex-Officio Secretary, Gram Panchayat and necessary amendment was also made in the Schedule appended to the Rules whereby the minimum qualification of a Gram Sevak is made Higher Secondary vide Notification dated 25.1.88 published in Rajasthan Gazette on 25.8.88. Thus, the minimum academic qualification of a Gram Sewak is Higher Secondary with training which may be prescribed from time to time. 13. In Panchayat Raj system emphasis has been laid on the fact that planning and rural development work should start at the lowest level and the Panchayats should be made nucleus of such planning and development work. This democratic de-centralisation with rural development has put more responsibilities on the Panchayats. The Panchayati Raj Act of 1994 prescribes the functions and powers of a Panchayat in the First Schedule appended to the Act. They include general functions of preparation of annual plans for development of the Panchayat area, preparation of annual budget, mobilising reliefs in natural calamities, removal of encroachments on public properties, organising voluntary labour and contribution for community works and maintenance of essential statistic of village(s). They include general functions of preparation of annual plans for development of the Panchayat area, preparation of annual budget, mobilising reliefs in natural calamities, removal of encroachments on public properties, organising voluntary labour and contribution for community works and maintenance of essential statistic of village(s). The functions and powers of Panchayat also include other spheres, namely; administration; agriculture including Agriculture extension, animal husbandry, dairy and poultry, social and farm forestry, minor forest produce, fuel and fodder, minor irrigation, Khadi Village and Cottage Industries, drinking water, roads and buildings culverts, bridges, ferries, water waste and other means of communication, non-conventional energy scheme, poverty alleviation programme, education, primary rural sanitation, public health and family welfare, women and child development, social welfare including welfare of the handicapped and mentally retarded, welfare of the weaker sections and in particular, Scheduled Caste and Scheduled Tribes, Public Distribution System, maintenance of community assets, construction and maintenance of Dharmashalas And similar institutions, construction and maintenance of public parks, playgrounds etc, regulation of manure pits in public places, regulation of liquor shop etc. 14. The functions and powers of Panchayats indicate that they are enormous and varied in nature. The Gram Sevak of the Panchayat is the principal executive person and administrator to monitor, look after and execute them. As a Secretary, he is further required to keep the records and registers and to maintain the accounts of the Panchayat funds etc. In other words, a Gram Sevak-cum-Ex-Officio Secretary of the Panchayat is loaded with heavy work of responsibility. Hence, such person should be academically well qualified to perform his functions and duties prescribed under the Act and the Rules. It is true that as per Rules of 1961, the academic qualification of a Secretary of the Gram Panchayat is 'Middle' standard, but this qualification has not been found sufficient for the post of Gram Sevak by the State Government and in my view rightly so in view of the enormous functions and duties of a Gram-Sevak. This Court has already taken the view that the post of Assistant Secretary is not equated to that of the Secretary of a Panchayat and as such, the provisions of Rule-17A of The Rules of 1959 providing absorption in the Service of Secretaries Panchayats has no application and no benefit can be given to the petitioners under the said provision. This Court has already taken the view that the post of Assistant Secretary is not equated to that of the Secretary of a Panchayat and as such, the provisions of Rule-17A of The Rules of 1959 providing absorption in the Service of Secretaries Panchayats has no application and no benefit can be given to the petitioners under the said provision. The provision of absorption under Rule-17-A was introduced in the Rules of 1959 due to amendment made in Rule-4, categorising the posts of Service whereby V.L.W. was made Ex-Officio Secretary of a Gram Panchayat. The absorption scheme was, thus, to meet the situation of that time. I, therefore, reject the contention made by the learned counsel for the petitioners that in the Scheme of absorption submitted by the State Government, the minimum academic qualification of 'Middle' standard be taken sufficient for absorption to the post of Gram Sevak-cum-Ex-Officio Secretary, Panchayat. 15. The matter does not end here. Tub minimum academic qualification for a V.L.W. cum-Ex-Officio Secretary, Panchayat was 'Matric' which has now been increased to Higher Secondary for the Gram Sevak cum-Ex-Officio Secretary Panchayat. Most of the petitioners, who are eligible for absorption as per the Scheme are in service prior to the amendment in the Rules of 1959 prescribing Higher Secondary as minimum academic qualification for the post of Gram Sevak. Practical experience always assists a person to effectively discharge the duties and is a guide to asses the suitability. The minimum educational qualificatioh prescribed for the post is undoubtedly a factor to be taken into consideration, but it is so at the time of the initial entry in the service as observed by the Supreme Court in Bhagwati Prasad V. Delhi State Mineral Development Corporation, 1990 (1) SCC 361 . Taking into consideration that they were allowed to work for a considerable length of time, it would be hard and harsh to deny their absorption on the ground that they lack the prescribed educational qualification. In such a situation, a balance has to be struck so that eligible persons get the benefit on the one hand and on the other hand, performance of the functions and duties is not hampered. In such a situation, a balance has to be struck so that eligible persons get the benefit on the one hand and on the other hand, performance of the functions and duties is not hampered. If a V.L.W. having minimum qualification of 'Matric' could perform and monitor all functions and duties of a Panchayat, I find no justification that those eligible petitioners who have the minimum qualification of Matric should be denied the benefit of absorption under the Scheme on the ground that they are not Higher Secondary. The practical experience gained by them by working and performing all the duties of a Sarpanch (sic ?) for the last so many years will also help them to effectively discharge their duties and functions. 16. Consequently, I am of the view that the minimum qualification for absorption as per the scheme should be Matriculate or equivalent to it, instead of Higher Secondary or Sr. Secondary as proposed in the Scheme. Mr. Bhandari, learned counsel appearing for the respondents, during the course of arguments, has rightly conceded that this Court may make necessary amendment in the proposed Scheme for doing real justice. 17. With regard to sub-clause (IV) of Clause 3, learned counsel for the parties agree that after the word 'all' the word 'available' be added and this will serve the purpose of all. The objection in relation to Sub-Clause (V) is not accepted. 18. The net result of the above discussion is that the prayer of petitioners is accepted in part as indicated above. The Scheme submitted by the State Government is accepted with modification as discussed above and the objections are disposed of. The writ petitions are decided in terms of the Scheme with modifications as under : 1. Asstt. Secretaries who have completed more than 10 years serving shall be awarded 5 bonus marks in the ensuing recruitment to the posts of Gram-Sevak. 2. Others who have completed more than 15 years of service shall be given 7.5 bonus marks. 3. As an exception, it is decided that those Asstt. Secretaries who had in fact discharged all the available duties and responsibilities of the post of V.L.W.-cum-Ex-Officio Secretary for the last continuous 5 years would be screened for absorption by a Screening Committee nominated by the Government. The eligibility criteria for such Asstt. 3. As an exception, it is decided that those Asstt. Secretaries who had in fact discharged all the available duties and responsibilities of the post of V.L.W.-cum-Ex-Officio Secretary for the last continuous 5 years would be screened for absorption by a Screening Committee nominated by the Government. The eligibility criteria for such Asstt. Secretaries would be as under : (i) They should possess the minimum qualification of 'Matric' or equivalent to it. (li) They should not have attained the age of superannuation, i.e. 58 years. (iii) Such Asstt. Secretaries must have been drawing regular payment from the concerned Panchayat for the relevant period with a proof in the record of the Panchayat. (iv) Such Asstt. Secretaries must have been discharging all the available duties and responsibilities of the V.L.W.-cum-Ex-Officio Secretary continuously for the last minimum 5 years. (v) During the relevant period no V.L.W.-cum-Ex-Officio Secretary was posted in the concerned Panchayat where the Asstt. Secretaries were discharging the duties of Secretaries. (vi) Such Asstt. Secretaries should possess good moral character and should be medically fit. No criminal proceeding should be pending against them. 4. The above Scheme is made applicable only as a one time exception because no rule permits appointment/regularisation of the Asstt. Secretaries to the post of V.L.W.-cum-Ex-Officio Secretary. Therefore, this scheme shall be taken as an exception. It is, however, made clear that for the purpose of providing above referred benefits/weightage, the Committee shall call for entire record of all the Asstt. Secretaries working in different Panchayats for the purpose of its scrutiny to find out various details as indicated above. 19. Before parting with I would like to put on record by appreciation for the efforts made by Shri Manish Bhandari, Advocate in convincing the State Government to frame the Scheme for absorption/regularisation of such Assistant Secretaries who have genuine cases. 20. In the facts and circumstances the parties are left to bear their own costs.Petitions partly allowed. *******