The posts of VLW-cum-PS and Clerk Grade-II under the Rajasthan Panchayati Raj Establishments are distinct and unrelated, and the State Government's order directing that the additional charge of the post of VLW-cum-PS be handed over only to a VLW-cum-PS in another Panchayat is valid.

1. These petitions raising a common issue of law do not entail any adjudication of disputed question of facts, and therefore are being addressed and decided by this common judgment. SBCWP No. 2322/2019, Mukesh Kumar Sharma & Others v. State of Rajasthan and others, will be adverted to as the lead case for referring to the underlying facts, where necessary.

2. The petitioners are all clerks Grade-II under the Rajasthan Panchayati Raj Establishments under Zila Parishads and holders of ministerial subordinate posts in the Panchayat Samitis and Zila Parishads under the Rajasthan Panchayati Raj Rules, 1996 (hereafter `the Rules of 1996).

3. Section 78 of the Rajasthan Panchayati Raj Act, 1994 (hereafter the Act of 1994) speaks of appointment of Secretary and other staff. Clause (a) of sub-section 1 thereof provides that there shall be for every Panchayat a Secretary, who shall be appointed in the prescribed manner. Clause (b) thereof provides that every Panchayat may with the previous approval of the Panchayat Samiti appoint such other staff as may be necessary for carrying out the duties imposed on it by or under this Act on such conditions of service as may be prescribed.

4. Rule 258 of the Rules of 1996 speaks of the category of the posts. The posts of Village Level Worker-cum-Panchayat Secretary (VLW-cum-PS) and Clerk Grade-II fall separately as distinct posts under the Ministerial and Subordinate posts in Panchayat Samiti and Zila Parishad service. Rule 277B of the Rules of 1996 inter alia provides the procedure and method for direct recruitment for the post of VLW-cum-PS on the one hand and Clerk Grade-II on the other. These two posts are to be filled up by direct recruitment through a competitive examination conducted by the Rajasthan Subordinate and Ministerial Service Selection Board in accordance with the rules. Rule 266 of the Rules of 1996 deals with distinct and different academic qualifications inter alia for recruitment to the post of Clerk Grade-II (LDC) and VLW-cum-PS. While the academic qualification for the post of Clerk Grade-II is Senior Secondary from a recognized board or its equivalent examination, the academic qualification for the post of VLW-cum-PS is Graduate or qualification declared equivalent thereto by the Government. The requisite professional qualification with regard to computer certificate is however similar for both the posts of VLW-cum-PS and Clerk Grade-II.

5. The VLW-cum-PS has a statutorily defined role description under Section 78 of the Act of 1994 and Rule 331 of the Rules of 1996. The role description of Clerk Grade-II is administratively determined from time to time by the State Government. The roles are wholly distinct. In fact pay scales of the two posts in issue are also distinct and so is the source of payment of salaries.

6. The case of the petitioners is that albeit they are appointed as Clerks Grade-II in various Panchayats, vide orders dated 24- 6-2014, 11-9-2014, 23-3-2015 and 4-8-2017, by the administrative department, it was provided that where the post of VLW-cum-PS was vacant for reason of non posting of an incumbent thereto or the incumbent being on long leave, the charge of the said post be given to Clerk Grade-II of the Gram Panchayat concerned for the purpose of managing its affairs. These administrative orders are stated to be rooted in the autonomy of the Panchayati Raj Institutions mandated by Article 243-G and 243-H of the Constitution of India. It has been submitted that even otherwise for the efficiency in public interest in the administration of Gram Panchayat a Clerk Grade- II posted in Panchayat concerned ought to be given additional charge of the post of VLW-cum-PS, wherever the incumbent VLW-cum-PS has not been posted or when posted is on long leave as he can constantly engage in the requisite work day to day.

7. It has been submitted that vide circular/ order dated 17- 5-2018 the State Government however passed an administrative order providing that in t