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2008 Supreme(Raj) 1952

GOPAL KISHAN SHARMA
Vyas Roop Singh – Appellant
Versus
State – Respondent


Advocates:
For the Petitioners:Mr. J.S. Bhaleria, Advocate.
Dy. Govt. Counsel:Mr. Shyam Ladrecha, Advocate.

JUDGMENT

1. - In both the above writ petition, the controversy involved is identical, therefore, the facts of SB Civil Writ Petition No.948/2005 are taken into consideration for adjudicating the matter.

2. The petitioner was appointed by Gram Panchayat, Malsar on the post of Assistant Secretary in the year 1991 @ Rs.350/- per month. Later on, the said amount was enhanced to Rs. 600/- per month and sanction was issued by Vikas Adhikari, Panchayat Samiti, Sardarsahar vide Annexure-3. The case of the petitioners is that a decision was taken by the State Government for absorption of Assistant Secretaries who were appointed in different Gram Panchayats on the post of Secretary, Gram Panchayat. The said decision was taken by the State Government vide communication dated 28.2.2000 (Annexure-5) and subsequent to that order, a relaxation was granted by the State Government vide communication dated 14.11.2000 for absorption.

3. The case of the petitioners is that they were working on the post of Assistant Secretary in different Gram Panchayats on the date the decision was taken by the Government for absorption of the Assistant Secretaries on the post of Secretary, Panchayat Samiti.

4. According








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