IMPORTANT POINT
Employees whose service conditions are governed by statutory rules are Government servants.

JUDGMENT

S.B. Sinha, J. —

1. Leave granted.

2. Whether a Gramin Dak Sewak is a government servant and consequently is disqualified to become a member of Nagar Panchayat in terms of Section 11(g) of the Punjab State Election Commission Act, 1994 (for short “the Act”) is the question involved herein.

3. The fact of the matter is being noticed from Civil Appeal arising out of SLP (C) No. 1610 of 2005.

Indisputably, while working as Gramin Dak Sewak, appellant contested in an election for membership of Nagar Panchayat Sardulgarh held on 9.03.2003.

Respondent No. 1 filed an election petition in terms of Sections 76, 79 and 89 of the Act and Rule 87 of the Punjab Municipal Election Rules, 1994 before the Election Tribunal. However, upon receipt of notice, appellant submitted his resignation.

We must, however, place on record that Harnek Singh, appellant in Civil Appeal arising out of SLP (C) No. 7276 of 2005, was chargesheeted for participating in politics.

4. Contention of appellant that he was not a government employee having been working on part time basis and, thus, was not disqualified in terms of Section 11(g) of the Act was rejected by the Tribunal by reason of its judgment and order dated 25.08.2004 inter alia holding that having regard to the provisions of Rule 22(4) of the Department of Posts, Gramin Dak Sewak (Conduct and Employment) Rules, 2001 (for short “the Rules”) he stood disqualified.

5. An appeal was preferred thereagainst which was marked as FAO No. 4305 of 2004. By reason of the impugned judgment, the High Court held :

“The appellant is a part time employee of the post office under the Central Government, outside regular civil service. Nonetheless, he is holding this post under the Government and he is also entitled to protection under Article 311 of the Constitution, in view of the judgment of the Apex Court in Rajamma’s case (supra) and other judgments. He is also getting remuneration by way of salary. He is appointed by and paid by Central Government and is under direct control of the Central Government. Case of Madhukar G.E. Pankakar (supra) relating to Insurance Medical practitioner appointed under the provisions of ESI Act is different. In the said case, the employee was not being paid directly by the Government nor was control of the Government direct, as observed in para 40 of the judgment. In the present case, position is different. The appellant was, thus, rightly held to be disqualified from contesting election.”

Appellant is, thus, before us.

6. Mr. Punit Leekha, learned counsel appearing on behalf of the appellant would submit that a part time employee working in a post office does not hold any office of profit under the government and, therefore, the impugned judgment cannot be sustained. Strong reliance in this behalf has been placed on Madhukar G.E. Pankakar v. Jaswant Chobbildas Rajani and Others,1 [(1977) 1 SCC 70].

7. The learned counsel appearing on behalf of the respondent, on the other hand, would support the judgment.

8. The Act was enacted for constitution of a State Election Commission and for vesting the superintendence, direction and control of the preparation of electoral rolls for, and the conduct of all elections to the Panchayats and Municipalities in the State of Punjab.

Chapter II of the Act provides for constitution of the State Election Commission. Chapter IV of the Act provides for disqualifications. Section 11 of the Act provides that a person shall be disqualified for being chosen as and for being a member of a Panchayat or a Municipality inter alia if he holds an office of profit under the Government of India or any State Government.

9. Indisputably, the terms and conditions of a Gramin Dak Sewak are governed by the provisions of the Rules; Sub-rule (4) of Rule 22 whereof reads as under:

“(4) No Sevak shall canvass or otherwise interfere with or use his influence in connection with, or take part in an election to any legislative or local authority;”

The said Rules were framed in terms of pr