JUDGEMENT
Tarlok Singh Chauhan, J. -
(1.)SINCE common questions of law and facts arise for consideration, therefore, this batch of writ petitions are taken up together for hearing and are being disposed of by common judgment.
(2.)THE Government of Himachal Pradesh, Department of Panchayati Raj issued Notification No. PCH -HC(1) -5/2000 dated 21.10.2000, whereby it issued guidelines for engaging Technical Staff in the Gram Panchayats for the execution of developmental works. As per this notification, the scheme envisaged was applicable for all over the State and was to provide employment opportunities to those unemployed persons who otherwise were qualified in various trades like Junior Engineers/Surveyors/Draftsman etc.
The petitioners were eligible and participated in the selection process and ultimately were appointed as Technical Assistants (Takniki Sahayak) in the respondent department on contract basis. The petitioners initially at the time of appointment were paid fixed honorarium of Rs. 1200/ - per month and apart from this they were also being paid commission at the rate as prescribed by the respondents department from time to time. As per terms and conditions of this notification, the petitioners were required to work only for 4 hours a day.
(3.)ON 18.2.2005, the respondents issued another notification superseding the notification dated 21.10.2000 and formulated a new scheme for engaging Technical Assistants in the Gram Panchayats. The eligibility of qualification was fixed as degree/diplomas in Civil Engineering from recognized institution. It was further provided that all the persons appointed under the scheme of 21.10.2000 shall also be eligible, if otherwise qualified. It was further provided that Technical Assistant (Takniki Sahayak) was to be paid 2% of the cost of each work as service fee and the same would be paid in two installments i.e. one on the completion of 50% of the work and final installment at the completion of the work.
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