JUDGEMENT
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(1.)THIS intra-court appeal is directed against the order dated 15.09.2003 whereby the learned Single Judge of this Court has dismissed the writ petition (CWP No.3642/2000) filed by the
petitioner-appellant on his claim for absorption in the services of
Panchayati Raj Institution and on his grievance against the order
dated 25.08.2000 (Annex.3), as issued by the Chief Executive
Officer, Zila Parishad Hanumangarh, directing termination of his
ad hoc services in Gram Panchayat Chaiya, Panchayat Samiti
Nohar.
(2.)THE writ petition leading to this appeal was filed by the petitioner-appellant seeking the following reliefs:-
"(i) the impugned order dated 25-8-2000 (Annex.3) whereby directions for terminating Petitioner's services have been issued may kindly be declared illegal and may be set aside and quashed. (ii) Consequent to the aforesaid, the respondents may further be directed to complete the process of regular absorption of the petitioner initiated by them consequent to letter dated 3-6- 2000 (Annex.2) which process was initiated at the level of State Govt vide order dated 13-4-99. (iii) Pending decision of the writ petition, if any action is taken or order is made prejudicial to the interest of the Petitioner, same may also be quashed and set aside. (iv) Any other relief may also be granted in favour of the Petitioner. (v) Costs be awarded to the Petitioner."
The petitioner-appellant claimed the reliefs aforesaid with the averments that though the post of Sah Sachiv i.e., Assistant
Secretary was not the one falling in the cadre of Panchayati Raj
Institutions but, he was initially appointed as Phatak Lekhak-
cum-Sah Sachiv by an order dated 01.09.1988 with the
concurrence of the Standing Committee of the concerned
Panchayat Samiti; and was being paid from the funds of the
concerned Gram Panchayat. According to the appellant, this
appointment was made to facilitate the working of Gram
Panchayat because the Gram Sevak-cum-Paden Sachiv (Village
Leval Worker-cum-Ex Officio Secretary) holding the regular post
was made to look after 4-5 Gram Panchayats and was not
always in a position to manage all the works of the particular
Panchayat. The petitioner-appellant alleged that having been
appointed in the aforesaid manner, he continued to discharge the
assigned duties until 31.05.1991; and then, from 01.07.1991 to
31.01.1995, he worked on honorary basis without receiving any remuneration; and thereafter, from 01.02.1995 until filing of the
petition, he was working on the wages, as revised from time to
time.
(3.)THE petitioner-appellant further averred that pursuant to the directions of this Court in other matters, his name was also
sent for being considered for regular absorption as Gram Sevak-
cum-Paden Sachiv; and referred to a communication dated
03.06.2000 (Annex.2) in this regard. The petitioner-appellant stated the grievance that despite commencement of such an
action for absorption, by another order dated 25.08.2000
(Annex.3), the Additional Chief Executive Officer, Zila Parishad,
Hanumangarh posed the question to the Sarpanch concerned
as to under which provision of law, was he appointed as Private
Secretary; and issued directions for his removal.
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