Andhra Pradesh High Court - Amravati

This Writ Petition Is Filed vs Unknown on 28 December, 2022

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        THE HON'BLE DR.JUSTICE K. MANMADHA RAO

                WRIT PETITION (A.T) No.630 of 2021

ORDER:

This Writ Petition is filed, seeking the following relief:

".....to issue a Writ, Order or direction to declaring the action of the respondents in not considering the representation of the petitioners dated 03.03.2016, seeking to consider their previous service of Panchayat Secretary on Contract Basis to be counted as part of their service for all purposes including pensionary benefits since they have been discharging their duties on par with regular employees from the date of their initial appointment and consequently to fix their pay scales with effect from the date of their initial appointment, notionally and confer all consequential benefits is illegal, unjust and violative of fundamental rights enshrined by Articles 14, 16 and 21 of the Constitution of India, contrary to the Judgments of Hon'ble Supreme Court and consequently to direct the respondents to consider previous service of petitioners as Panchayat Secretary on Contract basis to be counted as part of their service for all purposes including pensionery benefits from the date of their initial appointment and to fix their pay scales with effect from the date of their initial appointment, notionally and confer all consequential benefits and pass such other orders."

2. Heard Mr. S. Satyanarayana Moorthy, learned counsel for

the petitioner and learned Government Pleader, Services-IV for the

respondents.

3. The brief facts of the case are that the petitioners were

appointed as Panchayat Secretaries on contract basis as per

G.O.Ms.No.148 and G.O.Ms.No.223, dated 26.05.2006. The

Government appointments were made through District Selection

Committee consisting of respondents 3 to 5 as members therein.

The petitioners made several to the respondents requesting to

regularize the services of the petitioners as Panchayat Secretaries

from the date of their respective appointments. Accordingly the

Government accepted the same and issued G.O.Ms.No.379, dated

14.08.2013 and the main object of the G.O.No.379 is to appoint

the Panchayat Secretaries on contract basis by that time to be

given regular appointment. Accordingly the other District

Collectors, who are competent appointing authorities, have issued

notifications calling for the applications from the eligible

Panchayat Secretaries, working on contract basis by that time, but

in the District of Kurnool only, the 3rd respondent adopted a

different method by calling for the applications from all the general

eligible candidates. The petitioners requested the 3rd respondent to

restrict the notification for appointment only for Panchayat

Secretaries on contract basis as per G.O.Ms.No.379, dated

14.08.2013, but the 3rd respondent stating that the G.O was

modified by a Circular Memo dated 24.10.2013, which is illegal

and arbitrary. Hence inaction of the respondents is questioned in

the writ petition.

4. Per contra, the respondents 1 to 3 filed counter denying all

material averments made in the writ affidavit and mainly

contended that the Government noted 1334 Contract Gram

Panchayat Secretaries to recruit during the year 2003 as per

prescribed qualification i.e Graduation, but the 2006 recruitment

was based on the relaxed qualification of intermediate only. Many

of the Gram Panchayat Secretaries recruited in 2006 with

graduation qualification and 208 posts left with intermediate

qualification. The Government have issued order vide

G.O.Ms.No.379, dated 14.08.2013 to consider all the eligible and

qualified Contract Gram Panchayat Secretaries for the General

Direct Recruitment with a relaxation in the age, provided their age

on the day, they entered into the contractual service was within

the limits prescribed in the rules i.e above 18 years, but less than

36 years. In all other respects they should comply with the

prescribed service conditions. The Government also issued

guidelines vide D.O letter dated 22.07.2013 to all the Collectors

(PW) to fill up Panchayat Secretary Grade-III and Grade-IV in

terms of orders issued vide G.O.Ms.No. 379, dated 14.08.2013.

5. It is further contended that as per G.O.Ms.No.38, dated

20.05.2016 the Government issued orders to appoint the

remaining 58 Contract Panchayat Secretaries, who are working

with Intermediate qualification as Panchayat Secretary Grade-IV

on regular basis subject to condition that they should acquire the

Degree qualification as stipulated in the service rules within five

years from the date of the regular appointment as Panchayat

Secretary, Grade-IV. The petitioners were appointed as Contract

Panchayat Secretaries on consolidated remuneration of Rs.

2,000/- per month under 'Head of Account 300", but not under

"010 salaries" Head of the Account. The service rendered by the

petitioners will not come either under temporary service or regular

service as it is fully contract service. It is categorically stated in

G.O.Ms.No.148, dated 06.05.2003 that the candidates appointed

as contract Panchayat Secretaries on contract basis will not have

any claim or right to be appointed on regular basis and such

contract appointment will be without prejudice to the regular

appointments that may be made in future. In similar

circumstances, this Court in W.P.No.30408 of 2011 observed that

the regularization of the daily wage employees cannot be made

with retrospective effect, but they are entitled to be considered as

per the scheme of the Act in G.O.Ms.No.212, dated 22.04.1994

and G.O.P.No.112, dated 23.07.1997 for regularization from the

date of issuance of the regularization order, but not with the

retrospective effect i.e from 25.11.1993. Therefore the order of the

learned Tribunal was set aside and allowed the writ petition.

Therefore the writ petition is liable to be dismissed.

6. During hearing learned counsel for the petitioner

reiterated the contents urged in the writ petition. Whereas learned

Government Pleader for the respondents vehemently opposed to

grant any relief in favour of the petitioner as they are working on

contract basis, hence they are not entitled to claim the relief as

prayed in the writ petition.

7. Learned counsel for the petitioner would contend that

earlier the petitioners and others have filed O.A before the learned

tribunal and the learned Tribunal passed an order in O.A.No.8207

of 2013 and batch, dated 13.02.2014 and the same is extracted in

the counter-affidavit of the respondents itself, wherein it was held

as follows:

"15. Thus, keeping in view the fact that this category of applicants were selected under G.O.Ms.No.223 PR &RD (MDL.II), Department dated 26.05.2006 where under the Government had prescribed the educational qualification as intermediate to the post of Panchayat Secretary instead of Degree qualification and also keeping in view the experience already gained by them, we are of the view that it will be appropriate and desirable to permit them to participate in the selection process with the educational qualification of intermediate with a condition to acquire Degree qualification within a period of five years as was done by the Government in case of candidates who were having Intermediate qualification, but appointed as Panchayat Secretaries Grade-IV

under compassionate appointment scheme evolved in G.O.Ms.No.56 PR & RD Department, dated 02.03.2012. Till a decision is taken by the Government on the lines suggested above, the Gram Panchayat Secretaries who are working on contract basis with Intermediate qualification shall be continued and equal number of posts shall be kept vacant".

8. Subsequently, the Government issued G.O.Ms.No. 38,

dated 20.05.2016 to appoint the contract Panchayat Secretaries,

who are working with Intermediate qualification as Panchayat

Secretary Grade-IV on regular basis subject to condition that they

should acquire the Degree qualification as stipulated in the service

rules within five years from the date of regular appointment as

Panchayat Secretary Grade-IV. Further learned Government would

contend that the petitioners were appointed as contract Panchayat

Secretaries on consolidated remuneration of Rs. 2,000/- per

month. Therefore they are not entitled to claim regular basis.

9. Having regard to the facts and circumstances of the case

and considering the submissions of learned counsel, upon perusal