Mathur, C.J. -- 1. This is a matter which has been remanded by their Lordships of Hon'ble Supreme Court with the following directions : --

"Accordingly the appeals are allowed and the matters remitted to the High Court and the Administrative Tribunal-respectively. We, however, think it appropriate that the question in issue herein should be decided by the High Court. The respondents in other appeals before us (appeals preferred – by the State of Madhya Pradesh) shall be permitted to intervene in the said matters before the High Court. The hearing of the matter before the Administrative Tribunal pursuant to this order are stayed pending the decision of the High Court The High Court shall decide the question of entitlement of these employees to pension and gratuity in accordance with law. The High Court shall permit both parties to file such further material as they think appropriate in support of their respective cases, alongwith affidavits. The High Court may consider an early disposal of the matter. We also think it desirable that this matter is heard by a Division Bench of the High Court. After the High Court renders its decision, the Madhya Pradesh State Administrative Tribunal shall dispose of the matters before it (matters now remanded to it) in accordance with the decision of the High Court.

The appeal are disposed with the above directions. No costs."

This matter was taken up in S.L.P. by the Hon. Supreme Court arising out of order passed by the Division Bench, Indore as well as various orders passed by the Administrative Tribunal. The question which arose in all these petitions was whether the employees working in Janpad Panchayats and Zila Panchayat are entitled to all benefits of service like Government employees including the benefits of bonus, gratuity, family pension, death-cum-retirement gratuity, etc. The Division Bench of this Court, Indore Bench in the case of Gopal Chandra Joshi v. State of M.P. and two others dated 22.2.1986 in M.P. No. 806 of 1995 took the view that the employees are not entitled to all service benefits as admissible to the employees of the State. In the similar matter which was pending at the Main Seat at Jabalpur, finding that there is conflict in the finding, question, whether the employees of Janpad Panchayat are entitled to all the benefits of service as admissible to the State employees, was referred to the larger Bench. Therefore, these cases were clubbed together for final disposal at the Main Seat at Jabalpur.

2. In the case of M.P. No. 1983 of 1988, Janapad Panchayat Karamchari Sangh filed a petition in the High Court and prayed for all those benefits of service which are admissible to the employees of the State of M.P. In order to appreciate the whole controversy, it may be relevant to mention here that the Panchayat Act for the first time came into being in 1962, known as M.P. Panchayats Act, 1962 (for short, hereinafter referred to as the Act of 1962). This Act of 1962 provided three-tier system i.e. Gram Panchayat, Janapad Panchayat and Zila Panchayat. Service conditions of employees working in these Panchayats are governed by S. 72 of the Act of 1962. Chapter VI of the Act of 1962 deals with Gram Panchayat Establishment Budget and Accounts. Section 72 of the Act of 1962 contemplated the appointment of Secretary.

Section 72 reads as under:

"72. Appointment of Secretary –

(1) Every Gram Panchayat having an annual income exceeding five thousand rupees, shall have a Secretary who shall be a full-time salaried officer of the Gram Panchayat.

(2) A Gram Panchayat not falling under sub-section (1) shall have a part-time or full-time Secretary who may be an honorary or salaried officer of the Gram Panchayat :

Provided that two or more of such Gram Panchayats may have a common Secretary .

Thus, section 72 contemplated that every Gram Panchayat shall have a secretary who shall be full time salaried officer.

Section 73 of the Act of 1962 provided that every secretary of the Gram Panc