PANCHAYAT KARMACHARI SANGH Vs. STATE OF M P

JUDGEMENT

(1.) THIS petition is filed under Article 226 of the Constitution of India by the petitioners in their representative capacity as Panchayat Secretary, with a prayer for a declaration that the petitioner No. 2 and all those Secretaries working and discharging their functions of Secretary in the respective Gram Panchayats of erstwhile State of Madhya Bharat at Bhopal and Sironj regions are entitled to be treated as Government servants, from the time of their initial appointment in the respective Gram Panchayat and that they are entitled to the same pay scale, service conditions and emoluments as the Secretaries of Gram Panchayats of erstwhile Mahakoshal and Vindhya Pradesh Regions are getting. It is further prayed that all the Secretaries of Gram Panchayats of the State of M. P. may be brought at par in regard to pay scales, emoluments, service conditions and other benefits of pension, promotion, etc.

(2.) THE facts giving rise to this petition may be stated, in brief, thus : Before the promulgation of Madhya Pradesh Panchayat Act 1962 (Act No. 7 of 1962) in the erstwhile State of Madhya Bharat, M. B. Panchayat Act (Act No. 58 of 1949) was operative. Section 30 of the said Act contains the provision for the appointment of the employees of the Gram Panchayats and other Panchayats. It is also provided that the control of these employees in regard to their appointments, emoluments, salary, leave, discipline and removal etc. was to be governed by the Government Rules regarding Government employees. Under the said Act No. 58 of 1949 Rules known as Madhya Bharat Panchayat Niyam, Samvat 2008 were framed which were published in the M. B. Government Gazette dated 17-11-1951.

(3.) IN Rule 138, three categories of employees were created and in category No. 1, Panchayat Mantri (Secretary) was included. Rule 141 made a provision for the appointing authority of the employees of the concerned Panchayat. The Development Commissioner was the appointing authority, but the powers of appointment were conferred on the Collector. Rule 143 provides for the duties of the Secretary. The Secretaries were appointed by the Collector of the concerned District.