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Patna High Court · body

2006 DIGILAW 10 (PAT)

Rabindra Sharma v. State Of Bihar

2006-01-03

J.N.BHATT, R.N.PRASAD

body2006
Judgment 1. In all the writ petitions similar questions are involved. They have been heard together and are being disposed of by the common order. 2. The petitioners in all the writ petitions are Dalpati. They filed the writ petitions for issuance of a direction for filling up the posts of Panchayat Secretary and Panchayat Sevak in different districts of Bihar and consequent thereto to allow them to work on their posts. However, during the course of arguments the learned counsel for the petitioners confined their arguments only for appointment on the post of Panchayat Sevak except in CWJC No. 1936/2004 in which prayer has been made for relaxation of the age bar for appointment on the Dost of Panchayat Sevak. 3. There were posts of Panchayai Sevak and Dalpati in Gram Panchayat under the Bihar Panchayat Raj Act, 1947 , hereinafter referred to as the Act 1947. The Act 1947 was replaced by Bihar Panchayat Raj Act, 1993 , hereinafter referred to as the Act 1993. Under the Act 1993 the post of Panchayat Secretary was created. Section 32 of the Act 1993 is relevant which says that there shall be a Secretary in every Gram Panchayat who shall be appointed by the State Government. After coming into the Act 1993 no Panchayat Secretary has been appointed but the Panchayat Sevaks working in their respective Panchayats were posted/made incharge of the post of Panchayat Secretary. However, in many Panchayats in the State of Bihar the posts of Panchayai Sevaks were not filled up under the Act 1947. The petitioners are Dalpatis. Their claim is that there was provision for appointment from the Dalpati to the post of Panchayat Sevak under.Act 1947. The post of Panchayat Sevak is also vacant and, as such, they are entitled to be appointed on the post of Panchayat Sevak and if they are appointed as Panchayai Sevak, they are entitled to work as Panchayat Secretary in view of the working arrangement made by the State Government. They have, thus, approached this Court under Article 226 of the Constitution of India for issue of direction for their appointment to the post of Panchayai Sevak. 4. Counter affidavits have been filed on behalf of the respondents in some cases and the counsel for the respondents stated that counter affidavits filed on their behalf be treated as counter affidavits in all the cases. 4. Counter affidavits have been filed on behalf of the respondents in some cases and the counsel for the respondents stated that counter affidavits filed on their behalf be treated as counter affidavits in all the cases. In the counter affidavit the stand of the respondents is that there was post of Panchayat Sevak under section 77 of the Act 1947. Now, the Act 1947 has been replaced by the Act 1993 and there is no post of Panchayat Sevak under the Act 1993. Moreover, the Government has taken resolution vide resolution no. 3619 dated 29.10.2003 that no appointment to the post of Panchayat Sevak shall be made. The Panchayat Sevak is working as Panchayat Secretary and where no post of Secretary has been filled up, shall be filled up in the light of the departmental notification no. 2295 dated 27.7.2001 i.e. such vacant post shall be filled up by V.L.W./Revenue Karamchari as working arrangement. Their specific case is that the Government is not appointing any person on the post of Panchayat Sevak except the order of the Court. Counsel for the parties argued on the basis of their pleading. However, during course of arguments, counsel for the parties consented that direction be issued that if the appointment in future is made on the post of Panchayat Sevak, the case of the petitioners be considered. 5. Therefore, in view of the consensus as indicated above, all the writ petitions, except C.W.J.C. No. 1936/2004, are disposed of directing the respondents/concerned respondent to consider the case of the petitioners for appointment on the post of Panchayat Sevak, if in future decision is taken by the Government for appointment on the post of Panchayat Sevak. C.W.J.C. No. 1936/2004 is disposed of with a direction to the respondents to consider the case of the petitioners for relaxation of age for appointment on the post of Panchayai Sevak if the Government takes a decision for appointment on the post of Panchayai Sevak in future. No cost.