Pushpendra Singh Bhati, J. - (1.) This writ petition has been preferred with the following prayers: "1. The respondents be directed to grant joining to the petitioner immediately on the post of LDC in pursuance of his appointment order dated 27.06.2013 (Annexure-2) in Zila Parishad, Jodhpur, Janadesar at with consequential benefits. 2. That further it is prayed that the respondents may be restrained from canceling the appointment order of petitioner. 3. That further without prejudice to the above mentioned prayers it is prayed that the petitioner may be held entitled for bonus marks and appointment on the post of LDC, having being worked on the post of MIS Manager in NAREGA, treating it to be a post of programmer or its equivalent. 4. Any other appropriate writ, order or direction which this Hon'ble Court deems just and proper may kindly be passed in favour of the petitioner."
(2.) Learned counsel for the parties agree that the controversy is covered by the judgment passed by this Court in Ramniwas Vs. State of Rajasthan & Anr. (S.B. Civil Writ Petition No.10519/2017) decided on 08.02.2018. The judgment reads as under :- " 1. The sum and substance of the petitioner's case is that the LDC recruitment, 2013 is at the verge of completion and the petitioners have not been given Bonus marks for MIS experience. The bonus marks are governed by Rule 273 of the Rajasthan Panchayati Raj Rules, 1996, which reads as follows :- "273. Written test.- The committee may hold a written test for all categories of service except drivers and class IV question papers will be set as per directions of the State Government D.E.C. will prepare the merit list on such basis. Provided that selections for the various posts shall be made in accordance with the general directions given by the State Govenment from time to time in this respect. It may not be necessary to call the candidates for interview if so provided in those directions. Provided also that in case of appointment to the post of Lower Clerk, merit shall be prepared by the Appointing Authority on the basis of such weightage as may be specified by the State Government for the marks obtained in Senior Secondary or its equivalent examination and such marks as may be specified by the State Government having regard to the length of experience exceeding one year acquired by persons engaged on the post of Junior Technical Assistant (J.T.A.) Junior Engineer, Gram Rozgar Sahayak, Data Entry Operator, Computer Operator with Machine, Lekha Sahayak, Lower Division Clerk, Coordinator 1EC, Coordinator Training, Coordinator supervision, other than through palcement agency, in MGNREGA or in any other scheme of the Department of Rural Development and Panchayati Raj in the State. " 2. Learned counsel for the petitioner states that the proviso of Rule 273 provides for bonus marks/ weightage for the stipulated schemes and any other scheme of Department of Rural Development and Panchayati Raj in the State. Learned counsel for the petitioner states that it is an admitted position that the petitioners are working as MIS in MNAREGA under the Department of Rural Development and Panchayati Raj in the State. 3. Learned counsel for the petitioners has relied upon the judgment of Division Bench of Jaipur Bench of this Hon'ble Court in Manohar Lal Jaga Vs. State of Rajasthan & Ors. (D.B. Civil Writ Petition No.5861/2013) decided on 18.04.2014. The relevant portion of this judgment reads as follows :- "We have examined the pleaded facts and the documents on record and have analyzed the rival arguments as well. The process of recruitment, as has been initiated by the advertisement involved, is for filling up the posts of Lower Division Clerk, to be governed by the provisions of the Act and the Rules. Filtering out the unnecessary details, suffice it to state that vide Rajasthan Panchayati Raj (Second Amended) Rules, 2012, the following proviso was added to the existing one to Rule 273 of the Rules:- "Provided also that in case of appointment to the post of Lower Division Clerk, merit shall be prepared by the Appointing Authority on the basis of marks obtained in such qualifying academic examinations as specified in the schedule I o chapter XII of these rules and such bonus marks as may be specified by the State Government having regard to the length of experience, more than one year as Junior Technical Assistant (J.T.A.), Junior Engineer, Gram Rozgar Sahayak, Data Entry Operator, Computer Operator with Machine (engaged other than placement agencies), Lekha Sahayak, Lower Division Cler, Co-ordinator IEC, Coordinator Training, Coordinator Supervision in MGNREGA or any post under any scheme of the Department of Rural development and Panchayati Raj. Further amendment to this proviso was occasioned by the Rajasthan Panchayati Raj (Amendment) Rules, 2013, whereafter the same read as hereunder:- "Provided also that in case of appointment to the post of Lower Division Clerk, merit shall be prepared by the Appointing Authority on the basis of such weightage marks obtained in Senior Secondary or its equivalentexamination and such marks as may be specified by the State Government having regard to the length of experience exceeding one year acquired by persons engaged on the post of Junior Technical Assistant (J.T.A.), Junior Enginer, Gram Rozgar Sahayak, Data Entry Operator, Computer Operator with Machine, Lekha Sahayak, Lower Division Clerk, Co-ordinator IEC, Coordinator Training, Coordinator Supervision, other than through placement agency, in MGNREGA or in any other scheme of the Department of Rural Development and Panchayati Raj in the State. A comparison of the texts of these proviso, would bring out the following salient features:- (i) For the words "more than one year", following the word "experience" in the earlier proviso, the words "exceeding one year acquired by persons engaged on the post", were substituted. (ii) The words "any post under any" after the word "or" following the word "MGNREGA", were substituted by the words "in any other". Conspicuously, the word "post" appearing in the earlier proviso was deleted. To reiterate, in clause-19 of the Guidelines dated 12.02.2013, following the amendment on 29.01.2013 pertaining to direct recruitment to the post of Lower Division Clerk, as per the Rules, the provision for grant of bonus marks on the basis of experience, was contemplated for employees engaged on contract basis in the State, discharging duties in the projects under MGNREGA, or integrated Water Shed Management Programme, or National Water Shed Development Programme, or Nirmal Bharat Abhiyan. Noticeably, no distinction or classification was made amongst the employees or incumbents qua these projects/programmes in the matter of grant of bonus marks based on service experience. In clause-11 of the advertisement, stipulating the criteria for selection, apart from prescribing the academic qualifications required, it was mentioned that aside the incumbents in the posts, referred to in the amended proviso aforementioned, members of the Water Shed Development Team in the disciplines of engineering, agriculture, animal husbandry or social science under the integrated Water Shed Management Programme/ National Water Shed Development Programme/D.D.P./D.P.A.P. as well as those serving as District Coordinator Cleanliness/SWSHE, Block Coordinator/Accountant or Computer/ M.I.S. Assistant under the Nirmal Bharat Abhiyan, would be entitled to bonus marks. It was clarified however that if any of these incumbents was in possession of experience less than one year, he would not be entitled to such marks. In the Explanation appearing at the foot of the clause, it was clarified that such bonus marks would be granted to the incumbents engaged on contract basis in the State and serving under MGNREGA or integrated Water Shed Management Programme/ National Water Shed Development Programme/D.D.P./D.P.A.P. or Nirmal Bharat Abhiyan (Complete Cleanliness Mission). Here again, no distinction was made amongst the incumbents serving or discharging their duties under these projects/programmes. It cannot be gainsaid that correct interpretation of clause-11 of the advertisement, so far as it relates to grant of bonus marks, has to be on a combined reading of the parent context thereof and the explanation provided. It is too trite to mention that the stipulations in the guidelines and the advertisement, having been consciously designed by the official respondents, the same, by no means, could have been contemplated in departure from or any repugnance to the amended proviso to Rule 273 of the Rules, effected by the Rajasthan Panchayati Raj(Amendment) Rules, 2013. It is, thus, apparent that the State- respondents interpreted the impugned proviso as not exclusionary of any post beyond those named therein, qua any other scheme of the department of Rural Development and Panchayati Raj for grant of bonus marks, if the incumbent thereof was otherwise eligible therefor. A plain reading of the impugned proviso, in our view, also incontestably covey the same. In our comprehension, the words "engaged on the post of" do not limit entitlement of bonus marks only to the holders of the posts, named therein, in any scheme other than MGNREGA of the Department of Rural Development and Panchayati Raj of the State. The above referred clauses of the guidelines and the advertisement also, in our estimate, unerringly endorse this exposition of ours. The challenge to the validity of the impugned proviso to Rule 273 of the Rules, in our discernment is, thus, mislaid. To reiterate, this proviso does not exclude as such, the incumbents of any post in any scheme other than MGNREGA of the Department of Rural Development and Panchayati Raj for grant of bonus marks and does not limit its application therefor, only to the posts specifically named therein. Axiomatically therefore, if the etitioners satisfy the description of employment on such post(s) in any other scheme of the department, aforenamed, they would be entitled for grant of bonus marks, as ordained by the above referred proviso to Rule 273 of the Rules, if otherwise eligible. The documents appended to D.B. Civil Writ Petition No.5861/2013, reveal that the petitioner had been appointed as secretary under the National Water Shed Development Project, Jaatpur-2 by the jurisdictional Gram Sabha, on a monthly honorarium of Rs.2,500/- per month on 05.02.2009. His appointment letter is on the letterhead of Gram Panchayat Khuteta Kalan, Panchayat Samiti Ramgarh, Alwar. The minutes of the meeting of the Gram Sabha, to this effect, as per Resolution 14 thereof, clearly bears out this fact. That the Water Shed Committee, Jaatpur-II of which the etitioner was inducted as the secretary, is registered under the 1958 Act, is evident from the certificate to this effect, appended to the writ petition. The charter of the Water Shed Committee, National Water Shed evelopment Scheme, Water Shed Region Jaatpur-II, discloses that the committee has twofold principle objectives, (i) of ensuring financial and social upliftment of the rural population, associated directly or indirectly with integrated development of water shed regions; (ii) endeavouring to constitute self health groups from amongst poor, landless, unemployed, women, Scheduled Caste, Scheduled Tribes etc. with the help of Water Shed Development Committee in the concerned watershed regions. The other objectives include constitution of consumer groups on the basis of public participation and preparation of elaborated schemes to ensure that consequent upon the watershed activities, there is an improvement in the water level so as to facilitate enhancement of the income of the agriculturist/landless and the unemployed and augment as well the output. The charter further discloses that in the respective water shed committees, person residing in the region concerned, who directly or indirectly depends on such water shed region and is an adult and is interested in its activities of the watershed committee and the welfare thereof, can be its member. The charter does not classify the categories of members and provides that the concerned Gram Sabha can select/appoint the President of the water shed committee. The said document also sets out the rights and obligations of the water shed committees. That the constitution of the water shed committee has to be in accordance with paragraph 44 of the common guidelines, issued by the National Water Shed Development Project, is mentioned in the charter, which further recites that it would comprise of 10 members in the minimum and would also have one representative of the Water Shed Development Team therein. The functions of the secretary of water shed committee include convening of meetings of the Gram Sabha, Gram Panchayat, water shed committee in the context of Water Shed Development Project and taking of all follow up steps on the basis of the resolutions taken therein, maintaining all the records of the activities of the scheme, ensuring the payments as called for and signing of the cheques therefor jointly with the nominated member of the Water Shed Development Team. That the water shed committee ought to be registered with the Registrar of the society under the 1958 Act, has also been enjoined in the charter. The documents, subjoined with the writ petition, further disclose that the petitioner along with others had been required to attend the workshop as a Secretary of the water shed committee, held under the aegis of Indira Gandhi Panchayati Raj and Rural Development Institution, Jaipur, which he duly attended. The Circulars dated 29.09.2004, Annexure- to the writ petition, amongst others, do set out the duties of the Secretary of the water shed committee in connection with different projects of the Water Shed Development and Soil Conservation Department, Rajasthan, Jaipur, for the development of watershed regions. These include, inter alia, survey of the works done and the entries to be made in the relevant records in the prescribed forms. The Office Order dated 03.08.2009, Annexure-7 to the writ petition, refers to rates of honorarium for the Water Shed Development Team members and the Watershed Committee Secretary. The Office Order dated 08.03.2011, Annexure-8 to the writ petition, issued by the Directorate, Watershed Development & Soil Conservation, Rajasthan, Jaipur under the Rural Development and Panchayat Raj Department of the State, demonstrates that the projects undertaken in the Integrated Water Shed Management Programme, had been recognized thereby and that for the execution thereof, common guidelines issued by the Central Government have been enforced. The Office Order further discloses that in terms of paragraph 44 and 45 of the said common guidelines, in every project region, for every Gram Panchayat, there is a provision for constituting the water shed committee and that in view of the effective role of the Panchayati Raj Institutions in such matters, the concerned water shed committees are declared to be sub committees (watershed) of the related Gram Panchayat. Apart from setting out the terms of reference for the functioning of such sub committees(watershed), which include the parameters for constitution thereof, it has been indicated therein that the same would apply to all existing watershed committees under the Integrated Water Shed Management Programme as well as those, to be constituted in future thereunder. The common guidelines issued by the Central Government in the year 2008 pertaining to the Water Shed Development Projects, constitute a selfontained Code do provide as well a revealing comprehension of the constitution of the different agencies from the village to the national level, the roles assigned to these entities and the incidental, yet significant organizational imperatives for coordinated and sustained execution of such projects. The common guidelines disclose that whereas at the National level, there would exist a National Level Nodal Agency/National Rain Water Area Authority, at the State level, the State Level Nodal Agency would be comprised of at least 4 to 7 professional experts, who may be taken on deputation or may be appointed on contract basis from the open market. The District Level Water Shed Development Agency, at the district level, would be formed of at least one officer on contract basis or on deputation together with 3 to 4 subject experts drawn on contract basis/deputation/transfer. At the next level, lower in the hierarchy, is the Panchyati Raj Institution to assist Gram Panchayat, Zila Panchayat etc, as the case may be. The Project Implementation Agency, as decided by the State Level Nodal Agency, would include Water Shed Development Team and the Water Shed Committee, at the village level. Water Shed Development Team and the Water Shed Committee are the integral constituents of the Project Implementation Agency. Whereas the Water Shed Development Team would be may up of at least 4 members, one of whom would essentially be a woman with professional degree, Water Shed Committee would be constituted by the respective Gram Sabha with the technical assistance of the Water Shed Development Team. Any eligible person of the village and found suitable for the office, may be elected to be appointed as the Chairman of the Water Shed Committee by the Gram Sabha. Apart from one Secretary of the Water Shed Committee to be selected in the meeting of the concerned Gram Sabha, there has to be 10 members thereof, half of whom are to be inducted from the self assisted group or joint group. One representative from the Water Shed Development Team has to be included as well. In the event of more than one villages within the jurisdiction of a Gram Panchayat, then separate subcommittees, each for the unit village would have to be constituted. If a project covers more than one panchayat,then separate committees for the corresponding gram panchayat would be involved in the implementation thereof. Noticeably, the salary of the member of the Water Shed Development Team and that of the Secretary of the Water Shed Committee has to be charged from the administrative expenses of the Project Implementation. The Secretary of the Water Shed Committee, apart from being a salaried personnel, would be a dedicated worker under the direct supervision of the Chairman of the Water Shed Committee. Apart from the prescription that the selection of the Secretary has to be made on the basis of qualification and experience suited for his office, to reiterate, his emoluments are to be charged from the administrative assistance head of implementation of Water Shed Development Project. His duties inter alia are to : (i)convene meetings of Gram Sabha/Gram Panchayat Water Shed Committee for implementation of Water Shed Project; (ii)take follow up action of the decision taken; (iii)maintain the record of the meeting etc.; (iv)ascertain payment and other financial transactions; (v)be joint signatory of cheques with the nominee of Water Shed Development Committee. Noticeably, the common guidelines do not mention about the remuneration to the Chairman and/or members of the Water Shed Committee. It would thus, be apparent from the common guidelines that the Secretary of the Water Shed Committee as well as the member of the District Water Shed Team are appointed/selected on the basis of the prescribed conditions of eligibility/qualification and their emoluments and salary are drawn from one and the same head of the budget involved. The duties and responsibilities of the Secretary are specifically outlined. All these disclosures from the common guidelines evidently corroborate the authenticity of the relevant orders/circulars appended to the writ petition and attest as well the probative bearing thereof on the plea of equivalence of the post of Secretary, Water Shed Committee with those comprehended in the guidelines and the advertisement for grant of bonus marks and demand for parity of treatment vis-a-vis the incumbents thereof. In view of the above narrative, based on contemporaneous records/documents, there appears, in our comprehension, no rational or tangible foundation to draw any distinction either between the incumbents of Water Shed Development Team or Water Shed Committee, conceived of as the entities for execution of the projects under the Integrated Water Shed Development Programme, pursuant to the National Water Shed Development Project, mooted by the Central Government and sponsored jointly by it along with the State Government. Having regard to the nature of the duties and functions entrusted to the Secretary of the watershed committee, construed to be a sub committee of the concerned Panchayat Institution, we find no existing basis as well for differentiating him (Secretary) from other members of such committees. The project being clearly sponsored and executed by the State Government with the proclaimed status of watershed committee, it is an integral part of the related Panchayat Institution. We are, thus, of the unhesitant opinion that vis-a-vis an incumbent engaged on contract basis in the State rendering services under MGNREGA, or Integrated Water Shed Management Programme, or National Water Shed Development Programme /D.D.P. /D.P.A.P., or Nirmal Bharat Abhiya, there is no reasonable and existing yardstick to exclude the Secretary of the water shed committee otherwise assimilated in the same exploits from the benefit of bonus marks. The mode of his appointment and the author thereof, ipso facto, in the face of the otherwise overwhelming and contemporaneous materials establishing parity of the post of Secretary, water shed committee with that of others working under the aforenamed programmes/schemes, cannot be construed to be a judicially approvable measure to deny him bonus marks on the basis of his experience, if he is otherwise entitled thereto. The plea of the State- espondents, to this effect, thus, does not commend for acceptance and is consequently, rejected. In the wake of the above, a Secretary of the water shed committee under the Integrated Water Shed Management Programme, launched in terms of the National Water Shed Development Programme, is also held to be entitled for grant of bonus marks, as per Rule 273 of the Rules. The respondents, thus, are hereby required to grant bonus marks to the petitioners in the process of direct recruitment involved, as due to them under the Rules, guidelines and the advertisement and accordingly, assess heir suitability for appointment to the post of Lower Division Clerk involved and take consequential decision. The writ petitions, in the above premise, are thus allowed." 4. Thus, the Hon'ble Division Bench of this Court has read down the Rules of 273 of Rajasthan Panchayati Raj (Amendment) Rules 2013 which have been quoted above and which provides for weightage to the experience in MNAREGA or any other schemes of the Department of Rural Development and Panchayati Raj in the State. 5. Learned counsel for the respondents is not in a position to refute that the petitioners who have experience of MIS is not under MNAREGA which is under the Department of Rural Development and Panchayati Raj in the State. Learned counsel for the respondents specifically avers that the post of MIS shall not be mentioned in the advertisement, however, the later part of the proviso which generalize the schemes including the MNAREGA under the Panchayati Raj Department could not be explained by the counsel for the respondent. 6. After hearing counsel for the parties and perusing the record of the case, this Court is of the opinion that Rule 273 has a wide connotation and particularly the proviso has an express legislative intention of providing weightage to be experience gained from MNAREGA or any other scheme of the Department of Rural and Panchayati Raj in the State and since the petitioners are under one of those schemes i.e. MIS, and the petitioners have experience of the post of MIS which is obviously under the same nomenclature, therefore, the writ petitions are allowed and the respondents are directed to consider the case of the petitioners for their appointment within a period of 30 days from today by granting them appropriate weightage, if they are otherwise found eligible and qualified on their own merits. Any order prejudicial to the claim of the petitioners regarding consideration for grant of MIS Bonus marks shall not come in way of their appointment.
(3.) Thus, the writ petition is disposed of with the direction to the respondents to consider the appointment of the petitioner strictly in accordance with aforesaid precedent law within a period of 30 days from today at either of the places.;