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Himachal Pradesh High Court · body

2015 DIGILAW 525 (HP)

Shashi Kanta v. State of H. P.

2015-05-14

RAJIV SHARMA, SURESHWAR THAKUR

body2015
JUDGMENT : Justice Rajiv Sharma, J. The petitioner was interviewed for the post of Craft Teacher under Gram Panchayat Amtrar, Development Block Nagrota Bagwan, District Kangra H.P in January 2005. The respondent No.6 issued appointment letter to the petitioner on 14.6.2012 for considering the craft teachers against the post of Panchayat Sahayak in the Gram Panchayat and also for the purpose of Anganwadi workers as per letter dated 29.6.2012. The case of the petitioner is that though she was working as part time Craft Teacher but she has not been conferred daily wage status as per Annexure P-3 dated 27.4.2013. 2. According to the reply filed by respondents No.1 to 5, the daily wage status cannot be conferred upon the petitioner since she is not an employee of the State Government but in fact she is employee of Gram Panchayat, Amtrar. It is further stated in the reply that the appointment of 1 Whether reporters of the local papers may be allowed to see the judgment? the petitioner by the Gram Panchayat is governed under Section 135 of the Panchayati Raj Act, 1994 and Rule 137 of the H.P. Panchayati Raj (General), Rules 1997. 3. There is no dispute with the proposition that the petitioner is not an employee of the State Government but she is an employee of Gram Panchayat Amtrar. The respondent-State despite the fact that the petitioner and similarly situated persons working as tailoring teachers, craft teachers and vocation teachers are not employees of the State Government has permitted them to be considered against the post of Panchayat Sahayaks as per order dated 14.6.2012 vide Annexure P-4. Similarly, as per Annexure P- 5 dated 26.9.2012, the government has approved the appointment of eligible tailoring teacher against the vacant posts of Anganwari Workers. Thus the State Government, at its own level has tried to remove the grievances of the petitioner and similarly situated persons by making them eligible for the posts of Panchayat Sahayaks as well as Anganwari Workers. 3. There are about 3243 Panchayats in the State of Himachal Pradesh. The honorarium paid to the petitioner for working upto four hours is Rs. 2000/- per month. The eligibility criteria and procedure for selection and appointment has been provided as per Notification dated 27.10.2003. 3. There are about 3243 Panchayats in the State of Himachal Pradesh. The honorarium paid to the petitioner for working upto four hours is Rs. 2000/- per month. The eligibility criteria and procedure for selection and appointment has been provided as per Notification dated 27.10.2003. The candidates for the post of vocational/training teachers are required to possess the minimum eligibility qualification of Middle and also one year training in tailoring/cutting/weaving from any institution/centres run by the government department or recognized by the State Government. The selection of the tailoring/craft teacher for contractual period is to be made by Selection Committee, comprising of Block Development Officer, Pradhan Gram Panchayat and BDC Member of the Ward covering the Panchayat, in a transparent manner. The grant in aid to the persons appointed under Section 135 of the Act is provided by the State Government. There is a provision of constitution of Finance Commission for Panchayats under Section 98 of the Act. 4. The grant in aid is released to the respective Gram Panchayat, as per the recommendation made by the Finance Commission constituted under Section 98 of the Act from time to time. There is provision of establishment of Panchayat fund as per Section 99 of the Act. The State Government is required to release sufficient funds for strengthening the Panchayat funds established under Section 99 of the Act, to improve the financial position of the Panchayat. The petitioner and similarly situated persons are working for more than 10 years but have not been conferred daily wage status nor there is any provision for regularizing them. To the contrary, the State Government has framed a policy vide order dated 27.4.2013 whereby the part time workers of the State Government who had completed nine years of continuous service as on 31.3.2013 were eligible to be conferred daily wage status. 5. The Panchayats are also State within the meaning of Article 12 of the Constitution of India. The petitioner and similarly situated persons are appointed under the Himachal Pradesh Panchayati Raj Act, 1994. The BDO is also one of the Members for making appointment of vocational/craft teachers in the Gram Panchayat. 5. The Panchayats are also State within the meaning of Article 12 of the Constitution of India. The petitioner and similarly situated persons are appointed under the Himachal Pradesh Panchayati Raj Act, 1994. The BDO is also one of the Members for making appointment of vocational/craft teachers in the Gram Panchayat. In view of this, the Panchayati Raj Department is required to formulate a scheme to make the working conditions of vocational/craft teachers humane, just and fair by framing a scheme like Annexure P-3 dated 27.4.2013, to confer upon them daily wage status after eight years and to regularize them as per the policies framed by the State Government. 6. The Court is not oblivious to the fact that it is for the State Government to frame policies/guidelines for conferment of daily wage/ work charge status and regularization qua its employees but since the State Government has framed the policies for conferment of daily wage/work charge status and regularization, there is need to frame a scheme/policy for the employees of the Panchayati Raj Institution i.e Gram Panchayats and Block Simities or Zila Parishads, being a Welfare State. 7. Accordingly, the writ petition is allowed. Respondent No.1 and Finance Commission for Panchayats constituted under Section 98 of the Act are directed to formulate a scheme at par with Annexure P-3 dated 27.4.2013, to confer daily wage status upon the petitioner and similarly situate persons, after completion of eight years of their service within a period of 12 weeks and thereafter to regularize them as vocational/craft teachers. Pending application(s), if any, shall stand disposed of.