JUDGMENT :

A. Pasayat, J. - Finding somewhat divergent views expressed in Dinabandhu Swain Vs. State of Orissa and Others, ; and in Kasinath Pani Vs. Social Extension Officer and Others the present reference has been made to the Full Bench to decide the question whether Secretary of a Grama Panchayat appointed under Orissa Grama Panchayat Act, 1964 (in short, the 'Act'), and the Orissa Grama Panchayat Rules, 1968 (in short, the 'Rules') holds a civil post under, the State Government, and therefore, any dispute relating to his service conditions has to be adjudicated by the Orissa State Administrative Tribunal (in short, the 'Tribunal'). In Kashinath Pani's case (supra) it was observed that the Secretary of a Grama Panchayat does not hold civil post. In Dinabandhu Swain's case (supra) though no final opinion was expressed, it was observed that no opinion was necessary to be expressed, and the point was left open for adjudication in appropriate cashes, because petitioner in that case had been pursuing his remedy for pretty long time before this Court, and it would not be appropriate to drive him after the length of time to again pursue the remedy before the Tribunal.

2. The foundation