S.K.KATRIAR, J.

1. This Writ Petition has been preferred with the prayer to quash Letter No. 230, dated 18th January, 2002, (Annexure-1), issued by the Rural Development Department, Government of Bihar, and the consequential order bearing Memo No. 83/Panchayat, dated 8th February, 2002, (Annexure-1/A), issued by Respondent No. 4 (The District Magistrate, Begusarai), whereby the Petitioner has been informed that a Dalpati is not a Government Servant.

2. According to the Writ Petition, the Petitioner was appointed as a Dalpati of Mehada Shahpur Panchayat, Cheriya Bariyarpur Block, district Begusarai, by order dated 11th April, 1986 (Annexure-8). He continued as such till he was selected-for training for the purpose of his selection as Panchayat Sewak, vide order bearing Memo No. 808/Panchayat, dated 6th October, 1994, (Annexure-10).The Petitioner has since superannuated as a Panchayat Sewak of the said Mehada Shahpur Panchayat. He preferred C.W.J.C. No. 10879 of 2000, praying therein to treat his services rendered as a Dalpati for the period 7th April, 1986 to 6th November, 1995, as a Government Servant and may count for the purpose of post-retirement benefits. The same was disposed of by order dated 6th November, 2000, whereby he was permitted to withdraw the Writ Petition with the liberty to file a fresh representation before the concerned authority to ventilate his grievances. His representation has been rejected by the impugned order wherein it is stated that a Dalpati is not a Government Servant. Hence, this Writ Petition.

3. While assailing the validity of the impugned order, learned Counsel for the Petitioner submits that a Dalpati is holder of a civil post. He has taken me through the scheme of the Bihar Panchayat Raj Act, 1947 (hereinafter referred to as "the Act"), and the Bihar Panchayat Village Volunteer Force Rules, 1949 (hereinafter referred to as "the Rules"), in an effort to establish that the provisions of the same cumulatively show that a Dalpati is holder of a civil post. He relies on the judgment of the Supreme Court reported in (1983) 2 SCC 33 (State of Gujarat and Anr. v. Raman Lal Keshav Lal Soni and Ors). He further submits that the powers, duties and functions conferred by the Act on a Dalpati are governmental functions. He has relied on the judgment of this Court reported in 1999 (3) PLJR 624 (Satya Narain Paswan V/s. The State of Bihar and Ors.).

4. The learned Additional Advocate General has also taken me through the scheme of the Act and Rules in an effort to establish that a Dalpati is not the holder of a civil post. He also relies on the judgment of the Supreme Court in State of Gujarat and Anr. V/s. Raman Lal Keshav Lal Soni and Ors. (supra). He further relied on the following judgments of the Supreme Court:

(i) (2004) 5 SCC 263 [Dr. Gurjeewan Garewal (Mrs) V/s. Dr. Sumitra Dash (Mrs.) and Ors.];

(ii) AIR 1959 Andhra Pradesh 506 (M. Yugandhra Rao V/s. The Government of Andhra and Anr.)

5. I have perused the materials on record and considered the submissions of learned Counsel for the parties. Sec. 6 of the Act provides that every Gram Panchayat is a body corporate, shall have perpetual succession and common seal, and shall sue and be sued by the same name. Sec. 6 is reproduced hereinbelow:

6. Incorporation of Gram Panchayat.- Every Gram Panchayat shall be a body corporate by the name specified in the notification under Sub-section (1) or Sub-section (3) of Sec. 3, and shall have perpetual succession and a common seal and shall, by the same name, sue and be sued, and shall, subject to the provisions of this Act, have power to acquire, hold, administer and transfer property, both movable and immovable, or accept a gift and to contract and do all other things necessary for the purposes of this Act.

5.1 In Dr. Gurjeewan Garewal (Mrs.) V/s. Dr. Sumitra Dash (Mrs.)(supra), Respondent No. 1 was in the services of the Post Graduate Institute of Medical Education and Research, Chandigarh (hereinaft