Kamdeo Kumar Son of Shivam Yadav v. State of Bihar through the Chief Secretary, Government of Bihar, Patna
2022-03-21
CHAKRADHARI SHARAN SINGH, MADHURESH PRASAD
body2022
DigiLaw.ai
JUDGMENT : CHAKRADHARI SHARAN SINGH, J. 1. All these writ applications filed under Article 226 of the Constitution relate to identical reliefs based on identical set of facts involving identical legal issues. Accordingly, they have been heard together with the consent of the parties and are being disposed of by the present common judgment and order. 2. We have heard Mr. P.K. Shahi, learned Senior Counsel assisted by Mr. Siyaram Pandey, learned counsel appearing on behalf of the petitioners in all the cases except CWJC No. 13629 of 2021, which has been argued by Mr. Jagannath Singh, learned counsel. We have also heard Mr. Kameshwar Pd. Gupta, GP-10 assisted by Mr. Satya Vrat in CWJC No. 2538 of 2021, Mrs. Archana Meenakshee, GP-10 in CWJC No. 9859 of 2021, Mr. Ajay, GA-5 with Pratik Kumar Sinha, AC to GA-5 in CWJC No. 13629 of 2021, 14357 of 2021 and 16416 of 2021, Mr. Mritunjay Kumar, AC to AAG-6 in CWJC No. 15761 of 2021 and Mr. Kumar Alok, SC-7 in CWJC No. 16346 of 2021 and CWJC No. 19229 of 2021 for the State of Bihar. 3. There are 151 petitioners in CWJC No. 2538 of 2021, 116 in CWJC No.9859 of 2021, 169 in CWJC No.13629 of 2021, 129 in CWJC No.14357 of 2021, 222 in CWJC No.15761 of 2021, 153 in CWJC No.16346 of 2021, 215 in CWJC No. 16416 of 2021 and 183 in CWJC No.19229 of 2021. One Interlocutory Application registered as I.A. No. 1 of 2021 has been filed in CWJC No. 2538 of 2021 for intervention by 120 persons intending to be impleaded as petitioners, which has already been rejected. 4. The petitioners are seeking following reliefs in all the writ applications :- “(a) To fix emoluments/mandey (sic. Man-day) to the petitioners commensurate with their work done, who have been appointed on the post of ward secretary by creating a post to look after and execute all the development work in that ward and made responsible for that in exercise of the powers conferred by Section 146 read with Section 170A, Section 170B and Section 170C of the Bihar Panchayat Raj Act, 2006 made a Rule with the aims and objective to implement the development and welfare schemes of the state at grass root level.
(b) To regularize the service of the petitioners, who have been working as a ward secretary in their respective wards since 2017, up to the age of 60 years.” 5. The petitioners claim to be Ward Sabha Secretaries of various Ward Sabha under different Gram Panchayats in the State of Bihar constituted under sub-section (1) of Section 170 A of Bihar Panchayat Raj Act, 2006 (hereinafter referred to as ‘the Act’), upon their selection in accordance with sub-rule (4) of Rule 3 of Bihar Ward Sabha and Ward Implementation and Management Committee Conduct of Business Rules, 2017 (hereinafter referred to as ‘the Rules). It would be apposite to note at the very outset that a writ petition was filed before this Court by the Panchayat Ward Sachiv Sangh, Patna (Bihar) through its State Secretary Pranay Thakur giving rise to CWJC No. 615 of 2021 under Public Interest Litigation seeking a direction upon the State-Respondents to make provision for monthly remuneration in lieu of the services rendered by the members of the Association who were discharging full time duties as Ward Sabha Secretaries in their respective wards of the Panchayats in the entire State of Bihar. The said writ application came to be disposed of by an order dated 22.06.2021 with the following observations and directions :- “(a) Petitioner shall approach the authority concerned within a period of four weeks from today by filing a representation for redressal of the grievance(s); (b) The authority concerned shall consider and dispose it of expeditiously by a reasoned and speaking order preferably within a period of three months from the date of its filing along with a copy of this order; (c) Needless to add, while considering such representation, principles of natural justice shall be followed and due opportunity of hearing afforded to the parties; (d) Equally, liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law; (e) We are hopeful that as and when petitioner takes recourse to such remedies, as are otherwise available in law, before the appropriate forum, the same shall be dealt with, in accordance with law and with reasonable dispatch; (f) Liberty reserved to the petitioner to approach the Court, if the need so rises subsequently on the same and subsequent cause of action; (g) We have not expressed any opinion on merits.
All issues are left open;” 6. In compliance of the aforesaid order of this Court in case of Panchayat Ward Sachiv Sangh, Patna (supra), a reasoned order has been passed by the Panchayati Raj Department, Government of Bihar on 18.11.2021 rejecting the claim for payment of remuneration to the persons functioning as Ward Sabha Secretaries upon their selection by the Ward Sabha. The said order dated 18.11.2021 is sought to be challenged by the petitioners of CWJC No. 2538 of 2021 by filing an amendment petition which has been registered as I.A. No. 2 of 2022. 7. Considering the nature of relief which the petitioners are seeking in the main writ application and the fact that the challenge to the order dated 18.11.2021 is integrally connected with the main relief, I.A. No. 2 of 2022 filed in CWJC No. 2538 of 2021 stands allowed. The averments made in I.A. No. 2 of 2022 have been treated to be part of the pleadings on behalf of petitioners in support of their case in CWJC No. 2538 of 2021. CWJC No. 2538 of 2021 has been treated as the lead for the present judgment. Learned counsel for the parties have addressed this Court on the issue of sustainability of the said order dated 18.11.2021. 8. Counter affidavit has been filed on behalf of the State of Bihar opposing the petitioners’ claim to get remuneration by way of right for functioning as Ward Sabha Secretaries. 9. Before adverting to the factual aspects of the controversy and rival submissions made on behalf of the parties, we deem it appropriate to notice certain relevant statutory provisions relating to Ward Sabha, Ward Sabha Secretary, and the Ward Implementation and Management Committee (WIMC for short) of which a Ward Sabha Secretary functions as the Member Secretary. 10. Section 170 A under Chapter IX of the Act contemplates that a Ward Sabha shall be organized in each territorial electoral constituencies of the Ward within a Gram Panchayat. The Ward Member, who represents the Ward, is required to convene the meetings of the Ward Sabha in accordance with the prescribed procedure. Every voter residing in the electoral territory of the ward is a member of Ward Sabha, as per Section 170A(1) of the Act.
The Ward Member, who represents the Ward, is required to convene the meetings of the Ward Sabha in accordance with the prescribed procedure. Every voter residing in the electoral territory of the ward is a member of Ward Sabha, as per Section 170A(1) of the Act. Sub-section (3) of Section 170A of the Act further prescribes that the coram for the meeting of the Ward Sabha shall be present with the presence of 1/10th of total number of members of the Ward Sabha or 50 members. It further stipulates that, as far as possible, not less than 30% of the voters attending the Ward Sabha, shall be women. Further, as far as possible, persons belonging to the Scheduled Castes and Scheduled Tribes may be represented in the Ward Sabha in proportion of their population in the Ward Sabha. Sub-section (4) of Section 170A of the Act lays down the powers to be exercised and functions to be discharged by a Ward Sabha. Sub-section (5) of Section 170A again lays down that the procedure for convening and conducting meetings of the Ward Sabha shall be such as may be prescribed. Sub-section (7) of Section 170A clearly mandates that all resolutions in respect of any issue in the meeting of Ward Sabha shall be passed by a majority of members present and voting in the meeting of the Ward Sabha. 11. Section 170B has been inserted in the Act by way of amendment by Act 17 of 2017, dealing with constitution of WIMC. By the same Act 17 of 2017, Section 170C has been inserted in the Act conferring power on the State Government to issue directions to Gram Panchayats to implement the schemes approved for the wards through WIMC, from the fund of the Gram Panchayat. 12. Consistent with the statutory prescriptions under Sections 170A, 170B and Section 170C of the Act the aforesaid Rules has been framed. Sub-rule (1) of Rule 3 envisages that there shall be a Ward Sabha for each ward i.e. territorial electoral constituency of a Gram Panchayat. All persons registered under the electoral roll of the ward are members of the concerned Ward Sabha. Sub-rule (4) provides for selection of one member from amongst the members of the Ward Sabha to function as Ward Sabha Secretary.
All persons registered under the electoral roll of the ward are members of the concerned Ward Sabha. Sub-rule (4) provides for selection of one member from amongst the members of the Ward Sabha to function as Ward Sabha Secretary. The main responsibility of Ward Sabha Secretary, under sub-rule (4) of Rule 3 is to convene meetings of Ward Sabha under the direction of the Ward Member, to record proceedings of the meeting, and to carry out other responsibilities assigned from time to time by the Ward Sabha. Rule 10 of the Rules requires a Ward Sabha Secretary to record the proceedings of the meeting of the Ward Sabha and obtain signature or thumb impression of members present in the meeting in a register maintained for the said purpose. Rule 8 of the Rules reiterates the statutory requirement under the Act that any resolution concerned with any of the subjects conferred under the Act to Ward Sabha shall be passed by the majority of the members present and voting in the meeting of the Ward Sabha. 13. We have emphasized aforesaid aspect of requirement of resolutions being passed by Ward Sabha by a majority to elucidate that the selection of Ward Sabha Secretary is by Ward Sabha by majority of the members present and that the Rules do not stipulate any other process of selection. Such selection is, apparently thus, in the nature of election by majority of the Ward Sabha members present in the meeting. 14. Further, the main functions to be discharged by the WIMC has been outlined in Rule 9 of the Rules, which are as under :- “9. Ward Implementation and Management Committee shall mainly discharge the following functions :- (a) To generate proposals and determine the priority of schemes and development programmes for consideration of the Ward Sabha. (b) To assist the Ward Sabha in generating awareness on issues like literacy, public sanitation, health, environment, pollution control etc. (c) To select appropriate locations on behalf of Ward Sabha for water supply, public sanitation units and other public amenity schemes. (d) To work under general control of Ward Sabha/Gram Panchayat for prevention of epidemics and natural calamities. (e) Execution of schemes/programmes/responsibilities given from time to time by Ward Sabha/Gram Panchayat/Government. (f) To place before the Ward Sabha updated progress report related to functions of the committee.” 15.
(d) To work under general control of Ward Sabha/Gram Panchayat for prevention of epidemics and natural calamities. (e) Execution of schemes/programmes/responsibilities given from time to time by Ward Sabha/Gram Panchayat/Government. (f) To place before the Ward Sabha updated progress report related to functions of the committee.” 15. It is the petitioners’ common case in all these matters that there are several schemes like Mukhyamantri Gramin Peyjal Nischay Yojana and Mukhyajmantri Gramin Gali-Naali Pakkikaran Nischay Yojana at ward level for implementation of which the Ward Sabha Secretaries are given responsibilities in the nature of ‘motor operator’ with the responsibility of running the motor thrice a day for two hours. Further, they are made to collect revenue from each family for the State Government at ward level. They are also made to discharge additional functions for implementation of various schemes at the ward level. There is statement made in the writ petition that despite repeated representations the authorities have not considered their genuine claim. The matter was raised in Bihar Vidhan Sabha on 04.03.2020 answer to which of the State Government was in negative, without appreciating the fact that the petitioners discharge functions akin to the function of a Panchayat Secretary at Panchayat level. 16. It has also been stated that there are 1,14,000 youths of the State who are working as Ward Sabha Secretaries but are getting no amount in lieu thereof in clear breach of the principles of equal pay for equal work. 17. Mr. P.K. Shahi, learned Senior Counsel appearing on behalf of the petitioners has submitted that denial by the State Government to compensate the petitioners who are working as Ward Sabha Secretaries to implement the schemes of the Government at the ward level is wholly unreasonable, arbitrary and against the ethos of Article 14 of the Constitution of India. He has submitted that the petitioners have been made to discharge functions relating to implementation of almost all schemes of the State Government at the ward level. He has argued that the Ward Sabha Secretaries discharge functions at ward level akin to the functions discharged by the Panchayat Secretary at panchayat level. Whereas the Panchayat Secretaries get salary and emoluments for the functions which they discharge, the petitioners are being denied of similar privilege by the State in violation of Articles 14 and 16 of the Constitution of India.
Whereas the Panchayat Secretaries get salary and emoluments for the functions which they discharge, the petitioners are being denied of similar privilege by the State in violation of Articles 14 and 16 of the Constitution of India. He has submitted that in furtherance of constitutional policy underlying Article 14 read with Article 243A of the Constitution, the Act was amended in 2016 and 2017 by inserting Sections 170A, 170B and 170C in the Act and by framing statutory Rules consistent with the said provisions. He contends that by virtue of various provisions under the Rules the petitioners have been made to discharge several statutory functions without any compensation in the form of remuneration/salary. He has also submitted that the services of these petitioners need to be regularized because of the nature of their engagement and perpetual requirement of the State Government to utilize the services of Panchayat Secretaries. 18. Assailing the impugned order passed by the Panchayati Raj Department dated 18.11.2021, whereby the State Government has rejected the claim of the Ward Sabha Secretaries to get emoluments, Mr. P.K. Shahi, learned Senior Counsel has submitted that the Ward Members are the ex-officio Chairman and Ward Secretaries are ex-officio members of WIMC and, therefore, it is incorrect to say that they are selected for two years only. He submits that out of seven members of WIMC only five members are proposed to be selected after a gap of two years. He has submitted that without considering the legal aspects of the matter and the fact that they have been working for nearly five years without any emoluments, the State Government is contemplating to replace them with new set of Ward Secretaries without considering the fact that they are experienced persons, ready to discharge the same job with reasonable emoluments. He has lastly submitted that the State Government has made provisions for payment of Rs. 2000/-per month for long term upkeep and maintenance work of water supply to the ward members but the petitioners, who are matriculates and have been selected to look after all the development works, have been denied their rightful claim. 19. Mr.
He has lastly submitted that the State Government has made provisions for payment of Rs. 2000/-per month for long term upkeep and maintenance work of water supply to the ward members but the petitioners, who are matriculates and have been selected to look after all the development works, have been denied their rightful claim. 19. Mr. Jagannath Singh, learned counsel appearing on behalf of the petitioners in CWJC No. 13629 of 2021 has taken us to various provisions under the Act and the Rules to contend that in view of the nature of duties and responsibilities conferred upon the Ward Sabha Secretaries, denial of due compensation/salary violates their fundamental right guaranteed under Articles 14 and 16 of the Constitution of India. 20. Per contra, it has been argued on behalf of the State of Bihar that under the scheme of the Act and the Rules framed thereunder, work of Ward Members/Ward Sabha Secretaries is voluntary in nature and they voluntarily undertake to cooperate in the development work of their respective wards. He has submitted that Ward Sabha in every ward has been constituted for equitable utilization of the resources meant for the respective Gram Panchayats. It has further been submitted that the Department has considered every aspect of the matter relating to functions of Ward Sabha Secretary and has rightly rejected the claim of the petitioners by the impugned order dated 18.11.2021 with reference to statutory provisions and the nature of the functions which the Ward Sabha Secretaries discharge. 21. We have carefully examined the statutory stipulations, the pleadings available on record as well as the submissions advanced on behalf of the parties. We are of the considered view that the relief sought by the petitioners to regularize their services as Ward Secretary in the respective wards till they attain the age of 60 years, deserves to be rejected at the very threshold, in view of the clear scheme under Sections 170A and 170B of the Act read with the provisions under the Rules. 22. We, at this stage, must notice that Ward Sabha and WIMC are two distinct entities constituted under Sections 170A and 170B of the Act respectively. Further, Rules 3 to 15 of the Rules deal with Ward Sabha, Rule 16 of the Rules deals with various aspects relating to WIMC.
22. We, at this stage, must notice that Ward Sabha and WIMC are two distinct entities constituted under Sections 170A and 170B of the Act respectively. Further, Rules 3 to 15 of the Rules deal with Ward Sabha, Rule 16 of the Rules deals with various aspects relating to WIMC. A close reading of Rule 16 of the Rules leaves no scope of any doubt that a Ward Sabha Secretary selected/elected under Rule 3(4) of the Rules is an ex-officio Member Secretary of WIMC. The tenure of WIMC is two years. Further, a member not showing interest in the Rules/responsibilities of the WIMC or absenting from its three consecutive meetings is liable to be removed by a resolution passed by the Ward Sabha in accordance with Rule 5 of the Rules. It is clear form reading of Section 170A of the Act that every voter residing in the electoral territory of the ward is a member of that Ward Sabha. Rule 3 of the Rules clearly stipulates that all persons registered under the electoral roll of the ward shall be the members of the concerned Ward Sabha. The electoral roll of a Ward Sabha is dynamic in nature and can remain in force till a fresh electoral roll is prepared. To contend that once selected/elected as Secretary of Ward Sabha, the petitioners have a right to continue till they attain the age of superannuation suffers from basic fallacy, for they cannot have life more than the life of the Ward Sabha itself. The claim of the petitioners for their regularization, thus, is totally misplaced and is rejected accordingly. 23. On the question of their right to receive remuneration against the functions discharged by them as Ward Sabha Secretaries under the scheme of the Act and the Rules, it will be useful to notice the averment of the petitioners themselves made in I.A. No. 2 of 2022 filed in CWJC No. 2538 of 2021, in paragraph 7 of which it has been stated that nature of selection of the petitioners is voluntary. At the time of their selection/election as Ward Sabha Secretary, petitioners were fully aware of the fact that no salary/remuneration is attached with the said post. Making a claim of payment of salary few years after they were selected by the Ward Sabha to function as its Secretary, in the Court’s opinion, is not at all sustainable.
At the time of their selection/election as Ward Sabha Secretary, petitioners were fully aware of the fact that no salary/remuneration is attached with the said post. Making a claim of payment of salary few years after they were selected by the Ward Sabha to function as its Secretary, in the Court’s opinion, is not at all sustainable. Neither in any of the provisions under the Act nor under the Rules there is any stipulation for payment of remuneration/compensation to the Ward Sabha Secretaries. 24. The petitioners having volunteered their services to function as Ward Sabha Secretaries without any remuneration cannot, after passage of several years, turn around and claim payment of emoluments. It appears from the scheme of the Act and the Rules that for the smooth implementation and proper execution of the Government schemes with inclusive participation of members of different constituencies of a Gram Panchayat i.e. Ward Sabha members, various provisions have been made under the Act and the Rules including the provision for selection of Ward Sabha Secretary on voluntary basis. Possibly, had it been known to other persons of the Ward Sabha that the post of Ward Sabha Secretary is a post of profit, other members of the Ward Sabha might have come forward to stake their claims. 25. Submission advanced by the learned Senior Counsel representing the petitioners that they discharge functions akin to a Panchayat Secretary at the panchayat level, however, they are not paid any salary, whereas Panchayat Secretaries have a prescribed salary is also legally unsustainable. 26. The staff of Gram Panchayat is specified in Section 32 of the Act, sub-section (1) thereof specifically states that there shall be a Panchayat Secretary to be appointed in the manner as may be prescribed. In addition thereto, Section 32 contemplates that State Government may post or depute such number of other staff to work under the Gram Panchayat in a manner prescribed as considered necessary. The powers and duties of the Panchayat Secretary are thereafter prescribed in sub-Section (2) of Section 32. The said Section regarding staff of a Gram Panchayat does not mention any such post as Ward Sabha Secretary. The Ward Sabha Secretary, therefore, is not a staff of the Gram Panchayat. 27.
The powers and duties of the Panchayat Secretary are thereafter prescribed in sub-Section (2) of Section 32. The said Section regarding staff of a Gram Panchayat does not mention any such post as Ward Sabha Secretary. The Ward Sabha Secretary, therefore, is not a staff of the Gram Panchayat. 27. A reading of provisions contained in Section 170A, 170B, Section 32 of the Act and the provisions of the Rules makes is abundantly clear that Ward Sabha Secretary is not a staff/employee. On the other hand, it is to be elected for the convenience of convening of meeting of the Ward Sabha and conduct of the meetings by recording proceedings of the same. The Ward Sabha and Ward Implementation and Management Committee are elected bodies having limited duration of two years. These bodies ensure that generation of proposals and determination of priority of the schemes and development programmes to be implemented in the area of the Ward Sabha. It also performs various other functions such as identification of eligible persons for beneficiary oriented schemes and other welfare assistance. It also provides and mobilizes (voluntary labour) and (contribution in cash and kind) for development work. It supervises such development works through (volunteer teams). It also ensures payment of tax and fees by the members of the Ward Sabha and other local issues such as location of street lights, community water taps and sanitation etc. It also imparts awareness in matters of public interest and promotes programmes of adult education and a host of other such similar issues. 28. The concept of Ward Sabha in Chapter-IX of the Act, as can be gathered from the powers and duties assigned to it, is for ensuring a vibrant local self-government with participation of members of the Ward Sabha, female voters and persons belonging to the Scheduled Caste and Scheduled Tribes. 29. The Panchayat Raj Act under the constitutional scheme, as contained in Article 243(d), contemplates participation of the people within a Panchayat in furtherance of the public interest for best allocation of resources within the Panchayat. Section 170A(e) speaks of “voluntary labour and contribution in cash and kind for development work” and supervision of such development work through “volunteer teams”.
29. The Panchayat Raj Act under the constitutional scheme, as contained in Article 243(d), contemplates participation of the people within a Panchayat in furtherance of the public interest for best allocation of resources within the Panchayat. Section 170A(e) speaks of “voluntary labour and contribution in cash and kind for development work” and supervision of such development work through “volunteer teams”. In the same spirit Section 32(3) of the Act enables the Gram Panchayat to engage such number of “paid or honorary functionaries or professionals” as may be required by it for carrying out its function. Thus viewed, the Act and the Rules are in furtherance of the constitutional spirit contained in Part-IX of the Constitution of India. It thus contemplates voluntary participation or honorary functions by the local residents for ensuring personal involvement and participation of the locals in development of the area falling under the local Self Government, having regard to the unique local requirements and priorities; rather than providing for regular workers/supervisors. The Ward Sabha Secretary, therefore, is selected by way of election for a limited duration of two years from amongst the members of the Ward Sabha. Thus ensuring that the duties and responsibilities of the Ward Sabha Secretary are assigned to a local person on a rotation basis ensuring maximum participation of residents of the Panchayat to ensure participation of maximum number of local persons in the local self-government. 30. The Panchayat Secretary, on the other hand, is not required to be resident of the Panchayat to which he or she is appointed. The cadre of the Gram Panchayat Secretary is a district level cadre and appointment is made through an open advertisement and evaluation of inter-se merit of the various eligible applicants by holding an open competitive examination. 31. The Ward Sabha Secretary (petitioners), therefore, cannot be permitted to claim parity with the Panchayat Secretary. The submission of the learned Senior Counsel based on the fact that the Ward Sabha Secretary are assigned duties and function akin to Panchayat Secretary, therefore, does not hold any water. Based on such submission, no case is made out for grant of any fixed salary or regularization of Ward Sabha Secretary in view of the stark contrast in the modes of appointment/selection, status and duties assigned to Ward Sabha Secretaries vis-a-vis the Panchayat Secretaries. 32.
Based on such submission, no case is made out for grant of any fixed salary or regularization of Ward Sabha Secretary in view of the stark contrast in the modes of appointment/selection, status and duties assigned to Ward Sabha Secretaries vis-a-vis the Panchayat Secretaries. 32. In our opinion, it is impermissible for the petitioners to turn around now and raise a claim for payment of emoluments after having volunteered to function as Ward Sabha Secretary without any payment. 33. Further, it is purely a policy decision of the State Government which has fructified in terms of the Rules for due implementation of schemes up to the ward level. It is settled legal position that ordinarily a policy decision taken by the State or its authorities is beyond the purview of judicial review unless the same is found to be arbitrary, unreasonable or in contravention of the statutory provisions or violative of rights of the individuals guaranteed under the statute. 34. The Supreme Court has been consistent in its view that the Legislature and its delegate are the sole repositories of the power to decide as to what policy should be pursued in relation to matters covered by an Act. There is no scope of any interference of the Courts unless the particular provisions can be said to suffer from any legal infirmity in the sense of being wholly beyond the scope of regulation-making power or it being inconsistent with any of the provisions of the parent enactment or in violation of any of the limitations imposed by the constitution [see. Maharashtra State Board of Secondary and Higher Secondary Education and Anr. Vs. Paritosh Bhupeshkumar Sheth and Ors., (1984) 4 SCC 27 ]. 35. Unless a policy decision is demonstrably capricious or arbitrary and not informed by any reason or is discriminatory or infringing any statute of Constitution, it cannot be the subject of a judicial interference in a proceeding under Article 226 of the Constitution of India [see. State of Himachal Pradesh and Anr. Vs. Padam Dev and Ors., (2002) 4 SCC 510 and State of Rajasthan and Ors. Vs. Lata Arun (2002) 6 SCC 252 ]. The aforesaid decisions are only illustrative in nature which support the Court’s opinion. 36.
State of Himachal Pradesh and Anr. Vs. Padam Dev and Ors., (2002) 4 SCC 510 and State of Rajasthan and Ors. Vs. Lata Arun (2002) 6 SCC 252 ]. The aforesaid decisions are only illustrative in nature which support the Court’s opinion. 36. In the given facts and circumstances of the case, the petitioners have not been able to make out any case of discrimination nor breach of any of their legal or fundamental rights. 37. For the reasons aforesaid, we do not find any merit in these applications which are accordingly dismissed. 38. There shall be no order as to costs.