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SUPREME COURT OF INDIA
V. Gopala Gowda, Uday Umesh Lalit, JJ.
Harijan Paniben Dudabhai – Appellant
Versus
State of Gujarat and others – Respondents
CIVIL APPEAL NO. 5441 OF 2016 (Arising out of S.L.P. (C) No.2324 of 2010) With CIVIL APPEAL NO. 5442 OF 2016 (Arising out of S.L.P. (C) No.8896 of 2010) CIVIL APPEAL NO. 5443 OF 2016 (Arising out of S.L.P. (C) No.1305 of 2011) and CIVIL APPEAL NO. 5444 OF 2016 (Arising out of S.L.P. (C) No. 9756 of 2011)
Decided On : 01-07-2016
(1983) 2 SCC 33 – Relied upon
(b) Service law – Gujarat Panchayat service – Appointment – Safai kamdar – Panchayat appointing deceased husband of appellant by passing resolution in absence of any rule in this regard – No error. (Para 13, 14)
Facts of the case:
The then Okha District Municipality got converted into Okha Gram and Nagar Panchayat on and w.e.f. 02.02.1962. Upon such conversion, the existing staff of municipality was allocated to Gram Panchayat and treated as part of Panchayat Service.
one Vela Keshav, deceased husband of the appellant was appointed by Okha Gram Panchayat as Safai Kamdar on 04.02.1964. After having put in 33 years of service, he died in harness on 06.02.1997. The record indicates that monetary benefits such as Rs.14525.50 towards leave encashment, Rs.26,042/-towards Group Insurance and Rs.54,221/-towards General Provident Fund were paid to the appellant as legal representative of the deceased. The appellant represented that the family of Vela Keshav was also entitled to family pension and gratuity which claim having not been accepted, the appellant moved the High Court by filing Special Civil Application which was dismissed.
LPA thereagainst was also dismissed.
Finding of the Court:
The appeals deserve to be allowed.
Result: Appeals allowed.
JUDGMENT :
Uday Umesh Lalit, J.
1. Leave granted.
2. These appeals challenge common judgment of the High Court of Gujarat dated 02.07.2009. As Letters Patent Appeal No.1522 of 2004 was considered as lead matter by the High Court, the appeal arising therefrom is also considered as lead matter by us. The facts giving rise to Letters Patent Appeal No.1522 of 2004 are dealt with in detail hereafter.
3. In terms of Gujarat Government Gazette dated 01.07.1961, the then Okha District Municipality got converted into Okha Gram and Nagar Panchayat on and w.e.f. 02.02.1962. Upon such conversion, the existing staff of municipality was allocated to Gram Panchayat and treated as part of Panchayat Service. Gujarat Panchayats Act, 1961 (hereinafter referred to as the “Act”) deals with Panchayat Service and various sets of Rules framed pursuant to the power conferred under the Act, deal with matters including classification of Panchayat Service and conditions of service as regards Panchayat Service.
4. Section 203 of the Act is to the following effect:
“203. Panchayat Service to be regulated by rules – (1) For this purpose of bringing about uniform scales of pay uniform conditions of service for persons employed in the discharge of functions and duties of panchayats, there shall be constituted a Panchayat Service in connection with the affairs of panchayats. Such service shall be distinct from the State service.
(2) The Panchayat Service shall consist of such classes, cadres and posts and the initials strength of officers and servants in each such class and cadre shall be such, as the State Government may by order from time to time determine:
Provided that nothing in this sub-section shall prevent a district panchayat from altering, with the previous approval of the State Government, any class, cadre or number of posts so determined by the State Government.
(2A) (a) The cadres referred to in sub-section (2) may consist of district cadres, taluka cadres and local cadres.
(b) A servant belonging to a district cadre shall be liable to be posted, whether by promotion or transfer to any post in any gram or nagar in the same taluka.
(c) A servant belonging to a taluka cadre shall be liable to be posted, whether by promotion or transfer to any post in any gram or nagar in the same taluka.
(d) A servant belonging to a local cadre shall be liable to be posted whether by promotion or transfer to any post in the same gram or, as the case may be, nagar.
(2B) In addition to the posts in the cadres referred to in sub-section (2A), a panchayat may have such other posts of such classes as the State Government may, by general or special order determine. Such posts shall be called “deputation posts” and shall be filled in accordance with the provisions of Section 207.
(3) Subject to the provisions of this Act, the State Government may make rules regulating the mode of recruitment either by holding examinations or otherwise and conditions of service of persons appointed to the panchayat service and the powers in respect of appointments, transfers and promotions of officers and servants in the panchayats service and disciplinary action against any such officers or servants.
(4) Rules made under sub-section(3) shall in particular contain –
(a) a provision entitling servants of such cadres in the Panchayat Service to promotion to such cadres in the State Service as may be prescribed.
(b) A provision specifying the clauses of posts recruitment to which shall be made through the District Panchayat Service Selection Committee and the class of posts, recruitment to which shall be made by the Gujarat Panchayat Service Selection Board, and
(c) A provision regarding the percentage of vacancies to be reserved for the members of Scheduled Castes, Scheduled Tribes and other backward classes in the Panchayat Service.
(5) Such rules may provide for inter district transfers of servants belonging to the Panchayat Service and the circumstances in which and the conditions subject t
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