Decided on August 11,1983

R R Chauhan Appellant


S.A.SHAH - (1.) In this group of petitions the petitioners have challenged the orders passed by the authorities and the vires of the Gujarat Panchayats Services (Classification and Recruitment) (Second Amendment) Rules 1977 on the ground that the said rules changed their conditions of service prejudicial to their right of promotion and therefore these rules are contrary to the provisions contained in sec. 206 of the Gujarat Panchayats Act (hereinafter referred to as `Panchayat Act) and are liable to be struck down. In this group of petitions common questions regarding vires of above rules and application of other circulars are raised they are disposed of by this common judgment.
(2.) Before we consider the common contentions of these petitioners some facts are necessary to be mentioned. The Panchayat Act came into force in this State with effect from 1/04/1963 The petitioners of Special Civil Application No. 294 of 1978 claim to have been allocated to the Panchayat Service under the provisions of sec. 206 of the Panchayat Act. Prior to their allocation all of them were working in the Revenue Department of the State of Gujarat. After their allocation to the Panchayat Service they were appointed to the Revenue Branch as clerk in Baroda District Panchayat. In the year 1967 in exercise of powers under sec. 323 of the Panchayat Act the State of Gujarat framed rules known as the Gujarat Panchayat Service (Classification and Recruitment) Rules 1967 (hereinafter referred to as Recruitment Rules of 1967). Under these rules the panchayat services were reorganised into different branches namely agriculture public works Medical animal husbandry public health revenue and rural development etc.
(3.) It appears that the petitioners were promoted to the post of Avalkarkuns in the year 1968-69 as a stop-gap arrangement purely on ad hoc basis in accordance with Government circulars. One of such circulars is produced at Annexure-A. At this stage. it is necessary to reproduce the statutory provisions in respect of promotion to the post of Avalkarkuns. Rule 2 of Recruitment Rules 1967 reads as under : 2 Avalkarkuns : Appointment to the posts of Avalkarkuns shall be made (a) by direct selection on the result of a competitive examination held by the Gujarat Panchayats Service Selection Board in accordance with the scheme approved by the Government or (b) by promotion from amongst the clerks of the Revenue branch of Panchayat Service working in the District who have passed Revenue Qualifying Examination according to the date of passing the said examination and if the dates are the same then according to the rank obtained in the Examination and if the rank also happens to be the same then by seniority of length or service;

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