S.A.SHAH - (1.)The question involved in these two petitions is whether the State Government has power to appoint by transfer officers of the State Service to the Panchayat Service to which the petitioners belong. The contention was on the basis that Panchayat Service was not a State Service and therefore the State Government has no power to appoint its Own officers by transfer. The first petition is in respect of promotional post of Extension Officers whereas the second petition is in respect of promotion to the post of Agriculture Officers from the lower Cadre.
(2.)Both the Petitions involve a common question of law as to interpretation of some of the rules of Gujarat Panchayat Services (Classification & Recruitment) Rules 1967 hereinafter referred to as the Rules similar orders of Government and therefore they are heard together. The facts of Special Civil Application No. 1611/78 are as under :
(3.)Petitioner No. 1 is Gujarat State Gram Sevak Maha Mandal and petitioners Nos. 2 to 11 are Gram Sevaks in respective villages whose particulars are given at Annexure-A to the petition. All the ten petitioners belong to ten districts which are selected for the purpose of implementation of Dr. Benors scheme. The contention of the petitioners is that they joined services as village level workers in the erstwhile State of Bombay. At that time there were no rules relating to promotion and or seniority of Gram Sevaks to any other cadre. All the petitioners-Gram Sevaks have acquired S. S. C. and have also completed in service integrated course of two years. By resolution dated 18/12/1964 the State Government had determined the principles relating to seniority and promotion in the cadre of Gram Sevaks working in different district panchayats. A copy of the said resolution is produced at Annexure-B to the petition. Under the said rules the recruitment to the post of Agricultural Extension officers were to be made by direct recruitment promotion of agricultural assistants and promotion of Gram Sevaks in the ratio of 80 : 5 : 15 respectively. In other words the Gram Sevaks were entitled to the promotion having a quota of 15 per cent in the vacancies that might be created in the cadre of Agricultural Extension Officers. That the State Government framed statutory rules named as Gujarat Panchayat Services (Classification & Recruitment) Rules 1967 in exercise of its powers conferred under sec. 323 of the Gujarat Panchayat Act. These rules provide that the post of Agricultural Extension officer can be filled in by transfer of Agricultural Officers Assistant District Agricultural Officer Gr. II by direct recruitment and by promotion of Senior Agricultural Assistants etc. There was no provision for the promotins of Gram Sevaks and therefore the Gram Sevaks were not eligible for the post of Agricultural Extension Officer-Gr. II.