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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
O R D E R
S.B.Civil Writ Petition No. 1523/1997
(Manohar Singh & Ors. Vs. State of Rajasthan & Anr.)
.........
Date of Order : 07/01/2009
PRESENT
HON'BLE MR. JUSTICE H.R.PANWAR
Mr. Dipesh Beniwal on behalf of
Mr. M.S.Singhvi for the petitioners.
Mr. Kailash Joshi and Mr. Manoj Bohra for respondent Board.
Mrs. Pratishtha Dave, Dy. Govt. Counsel for respondent State.
BY THE COURT
Reportable
By the instant writ petition under Article 226 of the
Constitution of India, the petitioners have challenged the order
Annex.12 dated 28.03.1997 passed by the respondent State.
The facts and circumstances giving rise to the instant
writ petition are that the petitioners were appointed by the Gram
Panchayat, Rani which subsequently converted into Municipal
Board, Rani. On formation of the Municipal Board, Rani, (for
short ‘the Board’ hereinafter) the petitioners became the
employees of the Municipal Board, Rani. By order Annex.1 dated
08.05.1989 issued by the State Govt. addressed to the
Administrator/Chairman/ Executive Officer/ Commissioner of all
the Municipalities of the State, it was directed that the State
Govt. has decided in respect of the Gram Panchayats which have
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been converted to Municipal Board, the employees who have
been appointed by the panchayat be absorbed as per their
qualification and eligibility on Staffing Pattern against the vacant
posts. However, the Gram Panchayat, Rani on being converted
to Municipal Board, Rani, the petitioners herein apprehending
that their services could be terminated on such conversion, filed
a writ petition before this Court being S.B.Civil Writ Petition No.
1504/1994. In the said writ petition, interim order dated
24.03.1994 came to be passed by this Court restraining the
respondents from terminating the services of the petitioners
therein. During the pendency of the writ petition, the
respondent Board passed a Resolution on 26.11.1994 (Annex.2)
for absorption of the employees of the Gram Panchayat, Rani in
the services of the respondent Board and in pursuance of Anex.2
the State Govt. was approached by the Board for issuing
necessary No Objection and administrative sanction. By
Resolution Annex.3 dated 26.05.1995 the respondent Board
resolved to appoint the petitioners. By order Annex.4 dated
09.06.1995, the Executive Officer of the respondent Board
issued the order appointing the petitioners on the various posts.
By communication Annex.5 dated 16.08.1996, the Chairman/
Executive Officer of the respondent Board approached to the
Deputy Secretary, Local Self Govt. Department for according
administrative sanction in respect of the persons who have been
appointed on converting the Gram Panchayat to Municipal Board.
A reminder was also sent to the respondent State Govt. vide
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Annex.6. In pursuance thereof, the respondent State inquired
from the respondent Board regarding the sanctioned posts for
the Budgeting Year 1996-97 and the economic condition of the
Board vide Annex.7. The respondent Board vide Annex.8
informed the State Government regarding the sanctioned posts
as also informed about the economic condition of the Board
being sound. However, by order Annex.9, the Executive Officer
of the respondent Board again requested for according sanction
of the posts. By order Annex.10, the Executive Officer of the
respondent Board asked the petitioners to withdraw the writ
petition filed by them stating therein that in the meeting of the
Board held on 26.05.1995 by Resolution No.2 dated 01.06.1995
the petitioners have been given the regular pay scale on the
condition that they would withdraw the writ petition. In
pursuance thereof, the petitioners withdrew the writ petition. A
similar communication was addressed to all the petitioners by
Annex.11 by the Executive Officer of the respondent Board
serving a notice of 15 days for withdrawing the said writ petition
else they will be placed in the original position and that being the
position, the petitioners withdrew the writ petition on
17.04.1996 as they were communicated having given regular
pay scale and were requested to withdraw the writ petition.
Thereafter, by order impugned Annex.12 dated 28.03.1997, the
Resolution passed by the Board dated 26.05.1995 and the order
dated 09.06.1995 appointing the petitioners came to be
cancelled. Hence this writ petition.
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A reply to the writ petition has been filed by the
respondent Board. In para 5 of the reply to the writ petition, the
respondent Board came with a case that vide notification dated
22.08.1991, the Municipal Board, Rani was converted into Gram
Panchayat, Rani and thereafter vide order dated 9.12.1992 the
Gram Panchayat, Rani was converted into Municipal Board, Rani.
However, against the order dated 9.12.1992, a writ petition was
filed before this Court in which an interim order was passed
staying the operation of the order dated 09.12.1992 whereby
Gram Panchayat, Rani was converted into Municipal Board, Rani
and the interim order was vacated by this Court on 6.8.1993 and
thereafter the present Municipal Board, Rani came into existence
with effect from 27.9.1993. Thus, it is undisputed fact that the
Gram Panchayat, Rani has been converted into Municipal Board,
Rani and the employees of the Gram Panchayat, Rani have been
working with the Municipal Board, Rani since its conversion. By
interim order dated 09.04.1997, the operation of the order
impugned Annex.12 dated 28.03.1997 came to be stayed and in
pursuance thereof the petitioners have been working with the
respondent Board. However, the petitioner No.1 Manohar Singh
is said to have been absorbed as Gram Sevak by order Annex.14
dated 18.08.2001 on abolition of the Octroi at various
Municipalities of the State Govt. and during the pendency of the
writ petition, learned counsel for the petitioners submits that the
petitioner No.5 Inder Singh has expired.
I have heard learned counsel for the parties.
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It is contended by learned counsel for the petitioners
that undisputedly the petitioners were the employees of the
Gram Panchayat, Rani and on Gram Panchayat Rani being
converted into Municipal Board, Rani, they have been working
with the Municipal Board, Rani. It appears from the orders that
conversion from Gram Panchayat, Rani to Municipal Board, Rani,
at one point of time was withdrawn by the State Government
and it was by another order again Gram Panchayat, Rani was
converted into Municipal Board, Rani in the year 1993. Be that as
it may, right from 1991, the petitioners have been working with
the respondent Board on the Gram Panchayat having been
converted into Municipal Board. They have been appointed by
the orders of the Executive Officer. At various stages as noticed
above, the respondent Board resolved to appoint the employees
of the Gram Panchayat as employees of the Board. Even in
Annex.1 dated 08.05.1989, the State Government directed all
the Chairman/ Administrator/ Executive Officer/ Commissioner of
the Municipalities of the State that on conversion of Gram
Panchayat to Municipal Board, the employees who have been
working with the Gram Panchayat have to be absorbed on
Staffing Pattern against the vacant posts of the Board according
to their qualification and eligibility. In the instant case, the
eligibility of any of the petitioner has not been questioned by the
respondent Board. By order Annex.4 dated 9.6.1995 the
petitioners have been appointed by the Board. Keeping in view
the various documents annexed with the writ petition and as
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noticed above, it is clear that the Board has accepted the
petitioners on conversion of the Gram Panchayat to Municipal
Board as their employees and even when the petitioners
apprehending their termination of services on conversion of the
Gram Panchayat to Municipal board, approached this Court by
way of filing writ petition and interim order restraining the Board
from terminating their services was passed and thereafter it was
the State Govt. and the respondent Board directed the
petitioners to withdraw the writ petition on having been given
the regular pay scale and the Board also approached to the
respondent State for according the administrative sanction for
the posts which were held by the petitioners in Gram Panchayat
and thereafter with the Board and after making the petitioners to
withdraw the writ petition in which the interim order was
operating, by order Annex.10 dated 1.2.1996 and Annex.11
dated 26.4.96, the petitioners withdrew the earlier writ petition
since they were given the regular pay scale by the respondent
and thereafter abruptly the State passed the order Annex.12. In
my view, the order Annex.12 cannot sustain and is liable to be
quashed for the reason that it was the State who has decided
vide Annex.1 to absorb the employees of the Gram Panchayats
on having been converted to the Municipal Board throughout the
State of Rajasthan, in such a situation, the employees who have
served number of years to the Gram Panchayat and thereafter
with the respondent Board at least from 1991 for about more
than 17 years now at this stage cannot be rendered jobless. In
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the circumstances, therefore, the writ petition deserves to be
allowed.
Consequently, the writ petition is allowed. The order
Annex.12 dated 28.03.1997 is hereby quashed. Since the
petitioner No.5 Inder Singh has expired, therefore, his legal
representatives will be entitled for the benefits accruing on his
death. There shall be no order as to costs.
(H.R.PANWAR), J.
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S.B.CIVIL MISC. STAY PETITION NO. 1285/1997
IN
S.B.CIVIL WRIT PETITION NO. 1523/1997
Date of Order : 07/01/2009
HON'BLE MR. H.R.PANWAR, J.
Mr. Dipesh Beniwal on behalf of
Mr. M.S.Singhvi for the petitioner.
Mr. Kailash Joshi and Mr. Manoj Bohra for respondent Board.
Mrs. Pratishtha Dave, Dy. Govt. Counsel for respondent State.
Since the writ petition itself has been allowed, the
stay petition also stands disposed of.
(H.R.PANWAR), J.
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