DAYA RAM BHADU Vs. STATE OF RAJASTHAN
LAWS(RAJ)-2013-7-3
HIGH COURT OF RAJASTHAN
Decided on July 02,2013

Daya Ram Bhadu Appellant
VERSUS
STATE OF RAJASTHAN Respondents


Referred Judgements :-

OM PRAKASH SHARMA AND 140 ORS. VS.STATE OF RAJASTHAN AND ANR [REFERRED TO]


JUDGEMENT

- (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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