- (1.) This is an appeal under Clause 15 of the Letters Patent directed against the judgment and order dated March 21, 1977, passed by a learned single judge of this court in Civil Rule No. 2244 (W) of 1971. That Rule was obtained by the sole respondent to this appeal on a writ petition which having succeeded before the learned trial Judge, the State of West Bengal and its authorities have preferred the present appeal. The only point that arises for consideration in this appeal is as to whether the sole respondent Manik Gopal Mondal who is the Secretary of Ahmadpur Anchal Panchayat,Ahamadpur, District Birbhum holds a civil post under the State of West Bengal or not.
(2.) There is no dispute that the sole respondent was so appointed as the Secretary of the Ahmadpur Anchal Panchayat in the year 1960 in accordance with the provision of Section 48 of the West Bengal Panchayat Act, 1956 (hereinafter referred to as the said Act) and the Rules framed thereunder. A dispute was raised by the said respondent that the post of a Secretary of an anchal panchayat is a civil post under the State, and as such, on his appointment to the post of Secretary he had become a civil servant under the State of West Bengal. Such a claim the State Government denied and its authorities refused to concede and hence the sole respondent moved this court with the writ petition for issue of an appropriate writ declaring him to be a civil servant under the State of West Bengal and for admitting him to all the benefits on the basis thereof.
(3.) In contesting the claim so made in the writ petition an affidavit was filed on behalf of the appellants. In this affidavit the appellants pleaded that the sole respondent being appointed Secretary of the particular Anchal Panchayat became an officer and as such a servant of the anchal panchayat which is a body corporate constituted under Section 30 of the said Act. Such a body corporate is independent of the State and its servants are not civil servants of the State. It was stated that though under the provisions of Sec 48 the power of appointment vested in the State and as such the sole respondent was acutally appointed by the State yet thereby the sole respondent did not become a civil servant under the State. The post is not a civil post under the State. Moreover, it was further stated that the sole respondent while discharging his functions as a Secretary would be acting not under the control of the State Government nor would he be paid out of the State exchequer. Though such an opposition was filed unfortunately for the appellants none appeared on their behalf at the time of hearing of the Rule and learned Judge in the trial court decided the matter ex parte and held that the post of a Secretary of an anchal panchayat is a civil post under the State and as such, the sole respondent to this appeal being appointed to such a post must be held to be a civil servant under the State of West Bengal and he gave a declaration accordingly. Feeling aggrieved by the said decision the State and its authorities have preferred the present appeal.;