Civil Writ Petition No. 15209 of 2009 (O&M)

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In the High Court of Punjab and Haryana, at Chandigarh.

Civil Writ Petition No. 15209 of 2009 (O&M)

Date of Decision: 18.8.2010

Ranjit Kaur

…Petitioner

Versus

State of Punjab and Others

…Respondents

CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA.

Present: Mr. Bharat Bir Singh Sobti, Advocate

for the petitioner.

Ms. Ambika Luthra, Assistant Advocate

General, Punjab, for respondents No.1 to 5.

None for respondent No.6.

Mr. V.K. Sandhir, Advocate

for respondent No.7.

Kanwaljit Singh Ahluwalia, J. (Oral)

Civil Misc. No.11125-CII of 2010

Civil Misc. Application is allowed.

Exemption is granted from filing of a certified copy of

document (Annexure P16).

Civil Misc. No. 11126-CII of 2010

Civil Misc. Application is allowed.

Document (Annexure P16) is taken on record.

Civil Writ Petition No.15209 of 2009

Petitioner Ranjit Kaur belongs to a scheduled caste category.

Civil Writ Petition No. 15209 of 2009 (O&M)

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She was elected as a Panch and subsequently a Sarpanch of Gram

Panchayat, Village Gujjarwal. It is not disputed that while holding the

office of Sarpanch, the petitioner was appointed as a Teaching Fellow

under Sarv Shiksha Abhiyan on contract basis at Government Primary

School, Gujjarwal. This was considered by the authorities as a

disqualification to hold the office within the ambit of Section 208(g) of the

Punjab Panchayati Raj Act, 1994 (hereinafter referred to as “1994 Act”).

Section 208(g) of the 1994 Act, which prescribes disqualification for

membership, reads as under:-

“208.

Disqualification for membership

(i)

A person shall be disqualified for being

chosen as and for being a member of a Panchayat

if:-

XXX

XXX

XXX

XXX

XXX

XX

(g)

is a whole time salaried employee of any

local authority, statutory, Corporation or Board or a

Co-operative Societies Act, 1961, or of the State

Govt. or the Central Government”.

A show cause notice was issued to the petitioner, which

ultimately culminated into removal of the petitioner from the post of

Sarpanch. She has very candidly admitted that in pursuance of the

appointment letter, issued by the District Primary Education Officer,

(Elementary), she had joined the services on 30.10.2008, which was on

contract basis. She received an advice that contractual appointment as

a Teaching fellow will not be considered as a post of profit. On coming to

know that the continuation of the job will incur disqualification, she

Civil Writ Petition No. 15209 of 2009 (O&M)

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resigned from the job on 18.11.2008. Thus, the petitioner performed her

duties as a Teaching Fellow barely for a period of 18 days. It is a case of

extreme hardship where the petitioner had lost, on the one hand her job

by tendering resignation and on the other hand had become disqualified

for the post of Sarpanch. It is pleaded by the petitioner that she belongs

to the poorest of poor, downtrodden section of the society and was not

aware of the nitty-gritty of various provisions.

Thus, this Court is of the considered opinion that the case of

the petitioner ought to be viewed sympathetically by the authorities.

Hence, the impugned order dated 21.7.2009 (Annexure P1), whereby

the petitioner was removed from the post of Sarpanch under Section 20

(1) and (2) of the 1994 Act and the order dated 31.8.2009 (Annexure

P2), whereby the Appellate Authority, had upheld the order of removal

(Annexure P1), are set aside. The Director, Rural Development and

Panchayat, Punjab, is directed to reconsider the case of the petitioner

sympathetically in view of the fact that she had resigned from the post of

Teaching Fellow within 18 days after her appointment. The petitioner

shall submit a proof before the Director that she had resigned on

18.11.2008.

Till the Director takes a decision, order of status quo dated

25.9.2009, passed by a Co-ordinate Bench of this Court, shall continue.

With the ob