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2023 Supreme(Pat) 1362
IN THE HIGH COURT OF JUDICATURE AT PATNA
K. VINOD CHANDRAN, CJ., PARTHA SARTHY, J.
Arun Kumar Sharma, Son of Sri Jagarnath Sharma and Ors. - Appellants
Versus
The State of Bihar, through the Principal Secretary, Panchayat Raj Department and Ors. - Respondents
Letters Patent Appeal No.1165 of 2018 In Civil Writ Jurisdiction Case No.16392 of 2008
Decided On : 04-08-2023
For the Appellants : Mr. Jitendra Kumar Roy, Adv., Mr. Sumit Kumar, Adv.
For the Respondents:Mr. P.K. Shahi, Advocate General, Mr. Manish Kumar, A.C. to AAG-5.
IMPORTANT POINT
The court established that the absorption of Dalpatis into the role of Panchayat Secretaries is not a matter of right and is strictly governed by the availability of sanctioned posts and the applicable reservation policies.
Headnote:
DALPATI - Panchayat Secretary Absorption - Bihar Gram Panchayat (Appointment, Powers and Duties of Secretary) Rules, 2003; 73rd Amendment of the Constitution; Subhash Chandra Shukla & Ors. v. The State of Bihar & Ors.; Amod Kumar Singh & Ors. v. State of Bihar & Ors. - The court examined the legal framework surrounding the appointment and absorption of Dalpatis as Panchayat Sewaks, referencing the Bihar Gram Panchayat Rules and the 73rd Amendment. It highlighted that the posts of Panchayat Secretaries are distinct from those of Dalpatis, and that the absorption of Dalpatis is limited to the sanctioned posts available, which were found to be insufficient in West Champaran. The court upheld the learned Single Judge's decision, emphasizing the lack of vacancies and the need for adherence to the established reservation policy.
Fact of the Case:
The appellants, appointed as Dalpatis, sought absorption into the post of Panchayat Sewak, claiming their qualifications and training entitled them to the position. They challenged the allocation of posts and the state's assertion of no vacancies in West Champaran.
Finding of the Court:
The court found that the learned Single Judge correctly interpreted the relevant notifications and legal precedents, concluding that there were no available posts for the appellants in West Champaran and that the absorption of Dalpatis was limited to the sanctioned posts.
Issues: Whether the appellants, as Dalpatis, could be absorbed into the posts of Panchayat Sewaks given the existing vacancies and the state's reservation policy.
Ratio Decidendi: The court reiterated that the roles of Dalpatis and Panchayat Secretaries are distinct, and that the absorption of Dalpatis is contingent upon the availability of sanctioned posts, which were not present in West Champaran.
Final Decision: The appeal was dismissed, affirming the learned Single Judge's ruling that there were no available posts for the appellants in West Champaran, and leaving the parties to bear their own costs.
JUDGMENT :
(K. Vinod Chandran, CJ.,)
1. The appellants are persons who were appointed as Dalpatis who seek absorption in the post of Panchayat Sewak, which post according to the appellants is now called Panchayat Secretary. The appellants claim that their initial posting as Dalpatis in the district of West Champaran at Bettiah, in different Gram Panchayats, were made by the competent authority, the Executive Committee of the Gram Panchayat, approved by the District Panchayat Officer, West Champaran. The appellants were all Matriculates and some having higher qualifications who were given training in the Central Training Institute, Brambey at Ranchi. The Government of Bihar by a communication dated 24.06.1989 (Annexure-2) had directed filling up the post of Panchayat Sewak from retrenched employees. It was also prescribed that the minimum qualification for Panchayat Sewak is Matriculation and it was also stipulated that trained Dalpatis would be appointed. For unreserved category of Dalpatis a training of two years was prescribed which was waived with respect to the reserved categories. There was also age relaxation of three years granted to the Scheduled Castes and Scheduled Tribes fixing the maximum age for unreserved category as 40 years and for the reserved category as 43 years.
2. A Commission was constituted on 15.07.2003 wherein the appointment to the post of Panchayat Sewaks were to be made only on the recommendation of the Staff Selection Commission. The authorities having dragged their feet, the Dalpatis approached this Court with CWJC No. 7652 of 2002, which stood allowed. Following the directions issued, the subsequent writ petition filed as CWJC No. 15200 of 2004 was also allowed. The earlier judgment was challenged unsuccessfully by the State in LPA No. 1042 of 2005 and Special Leave to Appeal (Civil) CC No. 639 of 2007. On filing a Contempt of Court Petition, the Department of Panchayat Raj issued Annexure-4 dated 28.03.2008 addressing the District Magistrates and directing them to carry out the orders of this Court. Annexure-4 also mentions Annexure-2 dated 24.06.1989.
3. It is stated that 69 posts of Panchayat Secretary were identified to be vacant up to March, 2008 in the District of West Champaran. The appellants also challenge the allocation of posts, to the Scheduled Castes and Backward Classes and their absorption in excess of the permissible quota under the reservation policy. The appellants’ specific case was with respect to allocation of an extra 12 posts to the Scheduled Castes and 8 posts to the Backward Classes.
4. The State places reliance on Annexures A, D and C by which it was very evident that no extra post of Panchayat Sewaks were created in the district of West Champaran and there was already excess persons working. It was also asserted that there were only 531 posts available in the entire State of Bihar for the purpose of posting of Dalpatis as has been declared in Subhash Chandra Shukla & Ors. v. The State of Bihar & Ors.; 2009 (4) PLJR 569.
5. Before the learned Single Judge the petitioners’ counsel had taken a contention that the case of the petitioners should not be governed by the decision in Subhash Chandra Shukla but should be regulated by the decision in Amod Kumar Singh & Ors. v. State of Bihar & Ors.; 2005 (2) PLJR 1, wherein no such limitation of absorption of Dalpatis were provided; but this argument was not pursued before us in appeal. It was the specific contention of the counsel for the appellants that if the Government could show that 531 posts were filled up by Dalpatis identical to the appellants and senior to them; then necessarily the appellants have no case. However, the State cannot now turn around and contend that there was no vacancy in the district of West Champaran.
6. The learned Single Judge considered the various notifications and communications issued by the State of Bihar on the subject matter which we find appropriate to notice. Annexure-2 dated 24.06.1989 indic
