Madhya Pradesh High Court
Kamlesh Prajapati vs Panchayat And Rural Development ... on 9 November, 2023
Author: Vivek Rusia
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIVEK RUSIA
WRIT PETITION No. 9698 of 2018
BETWEEN:-
RADHESHYAM PATEL S/O SHANKARLAL PATEL, AGED
ABOUT 50 YE A R S , OCCUPATION: SERVICE VILL.
SONKHEDI PO RENGWA TEH. KASRAWAD (MADHYA
PRADESH)
.....PETITIONER
( BY MS. DIXITA GUPTA-ADVOCATE)
AND
1. PANCHAYAT AND RURAL DEVELOPMENT
DEPARTMENT PRINCIPAL SECRETARY GRAMIN
VIKAS VIBHAG BHOPAL (MADHYA PRADESH)
2. COMMISSIONER THE STATE OF MADHYA
PR AD ESH PANCHAUAT RAJ SANCHNALAYA 1,
ARERA HILLS, (MADHYA PRADESH)
3. COLLECTOR, THE STATE OF MADHYA PRADESH
(MADHYA PRADESH)
.....RESPONDENTS
( BY SHRI RAJWARDHAN GAWDE- ADVOCATE)
WRIT PETITION No. 14700 of 2018
BETWEEN:-
KAMLESH PRAJAPATI S/O MANGILAL PRAJAPATI,
AGED ABOUT 48 YE A R S , OCCUPATION: SERVICE
VILLAGE AND POST GHUGARIYA KHEDI TEH. GOGAWA
(MADHYA PRADESH)
.....PETITIONER
(BY SHRI . L. C. PATNE-ADVOCATE)
AND
Signature Not Verified
Signed by: PRAVEEN
Signing time: 09-11-
2023 18:19:59
2
1. PANCHAYAT AND RURAL DEVELOPMENT
DEPARTMENT PRINCIPAL SECRETARY VALLABH
BHAWAN MANTRALAYA (MADHYA PRADESH)
2. DIRECTOR THE STATE OF MADHYA PRADESH
GOVERNMENT OF MADHYA PRADESH 1, ARERA
HILLS NEAR PROVIDENT FUND OFFICE BHOPAL
(MADHYA PRADESH)
3. DISTRICT COLLECTOR THE STATE OF MADHYA
PRADESH DIST. KHARGONE (MADHYA PRADESH)
.....RESPONDENTS
( BY SHRI RAJWARDHAN GAWDE -ADVOCATE)
WRIT PETITION No. 14704 of 2018
BETWEEN:-
NANAKRAM SONKDIA S/O SHRI HIMMATJI SONKDIA,
AGED ABOUT 53 YE A R S , OCCUPATION: SERVICE,
PANCHAYAT SECRETARY IN GRAM PANCHAYAT,
KHARGONE VILLAGE BAMANGAON, POST
BHAMBARGH, TEH. SANAWAD, DISTT. KHARGONE
(MADHYA PRADESH)
.....PETITIONER
(BY SHRI L. C. PATNE-ADVOCATE)
AND
1. PANCHAYAT AND RURAL DEVELOPMENT
DEPARTMENT PRINCIPAL SECRETARY VALLABH
BHAWAN, BHOPAL (MADHYA PRADESH)
2. DIRECTOR THE STATE OF MADHYA PRADESH 1,
ARERA HILLS, NEAR PROVIDENT FUND OFFICE,
BHOPAL (MADHYA PRADESH)
3. DISTRICT COLLECTOR THE STATE OF MADHYA
PRADESH DIST. KHARGONE (MADHYA PRADESH)
.....RESPONDENTS
( BY SHRI RAJWARDHAN GAWDE-ADVOCATE)
WRIT PETITION No. 14707 of 2018
BETWEEN:-
Signature Not Verified
Signed by: PRAVEEN
Signing time: 09-11-
2023 18:19:59
3
MANSARAM KEWAT S/O SHRI DALLUJI KEWAT, AGED
ABOUT 53 YEARS, OCCUPATION: SERVICE VIILLAGE
AND POST MARDANA TEH. SANAWAD (MADHYA
PRADESH)
.....PETITIONER
(BY SHRI L. C. PATNE-ADVOCATE)
AND
1. PANCHAYAT AND RURAL DEVELOPMENT
DEPARTMENT PRINCIPAL SECRETARY VALLABH
BHAWAN MANTRALAYA (MADHYA PRADESH)
2. DIRECTOR THE STATE OF MADHYA PRADESH 1,
ARERA HILLS, NEAR PROVIDENT FUND OFFICE,
BHOPAL (MADHYA PRADESH)
3. DISTRICT COLLECTOR THE STATE OF MADHYA
PRADESH DIST. KHARGONE (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI RAJWARDHAN GAWDE-ADVOCATE)
WRIT PETITION No. 15446 of 2018
BETWEEN:-
SANTOSH KUMAR RATHORE S/O SHRI NATTHULAL
RATHORE, AGED ABOUT 48 YEARS, OCCUPATION:
SERVICE, PANCHAYAT SECRETARY IN GRAM
PANCHAYAT RANGAON VILLAGE AND POST
RAIBIDPURA, TEH. AND DISTT. KHARGONE (MADHYA
PRADESH)
.....PETITIONER
(BY SHRI L. C. PATNE-ADVOCATE)
AND
1. PANCHAYAT AND RURAL DEVELOPMENT
DEPARTMENT PRINCIPAL SECRETARY VALLABH
BHAWAN, BHOPAL (MADHYA PRADESH)
2. DIRECTOR, PANCHAYAT RAJ DIRECTORATE,
GOVERNMENT OF MADHYA PRADESH 1, ARERA
HILLS NEAR PROVIDENT FUND OFFICE BHOPAL
(MADHYA PRADESH)
Signature Not Verified
Signed by: PRAVEEN
Signing time: 09-11-
2023 18:19:59
4
3. COLLECTOR, THE STATE OF MADHYA PRADESH
(MADHYA PRADESH)
.....RESPONDENTS
( BY SHRI RAJWARDHAN GAWDE -ADVOCATE)
WRIT PETITION No. 18404 of 2018
BETWEEN:-
RAJESH KUMAR RATHORE S/O SHRI GENDALAL
RATHORE, AGED ABOUT 45 YEARS, OCCUPATION:
SERVICE, PANCHAYAT SECRETARY IN GRAM
PANCHAYAT DOMWARA H. NO. 198/2, RAM MANDIR
GALI, SEGAON, TEH. SEGAON, DISTT. KHARGONE
(MADHYA PRADESH)
.....PETITIONER
(BY SHRI L. C. PATNE-ADVOCATE)
AND
1. PANCHAYAT AND RURAL DEVELOPMENT
DEPARTMENT PRINCIPAL SECRETARY VALLABH
BHAWAN, BHOPAL (MADHYA PRADESH)
2. DIRECTOR PANCHAYAT RAJ DIRECTORATE 1,
ARERA HILLS, NEAR PROVIDENT FUND OFFICE,
BHOPAL (MADHYA PRADESH)
3. COLLECTOR THE STATE OF MADHYA PRADESH
KHARGONE (MADHYA PRADESH)
.....RESPONDENTS
( BY SHRI RAJWARDHAN GAWDE-ADVOCATE)
WRIT PETITION No. 29623 of 2018
BETWEEN:-
GENDALAL HIRWE S/O RANCHHOD HIRWE, AGED
ABOUT 49 YEARS, OCCUPATION: SERVICE VILLAGE
SIRLAY POST NANDIA, TEH. BARWAHA, DISTT.
KHARGONE (MADHYA PRADESH)
.....PETITIONER
( BY MS. DIXITA GUPTA-ADVOCATE)
Signature Not Verified
Signed by: PRAVEEN
Signing time: 09-11-
2023 18:19:59
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AND
1. PANCHAYAT AND RURAL DEVELOPMENT
DEPARTMENT PRINCIPAL SECRETARY VALLABH
BHAWAN, BHOPAL (MADHYA PRADESH)
2. COMMISSIONER PANCHAYAT RAJ SANCHNALAY
1, ARERA HILLS, (MADHYA PRADESH)
3. COLLECTOR , KHARGONE DISTT. KHARGONE
(MADHYA PRADESH)
.....RESPONDENTS
( BY SHRI RAJWARDHAN GAWDE-ADVOCATE)
WRIT PETITION No. 424 of 2019
BETWEEN:-
SEWAK RAM BIRLA S/O SHRI BHUWANI RAM BIRLA,
AGED ABOUT 50 YE A R S , OCCUPATION: SERVICE,
PANCHAYAT SECRETARY IN GRAM PANCHAYAT
BHOMWADA VILLAGE POST OFFICE, DHAKALGAON,
TEH. SANAWAD, DISTT. KHARGONE (MADHYA
PRADESH)
.....PETITIONER
(BY SHRI L. C. PATNE-ADVOCATE)
AND
1. PANCHAYAT AND RURAL DEVELOPMENT
DEPARTMENT PRINCIPAL SECRETARY VALLABH
BHAWAN, BHOPAL (MADHYA PRADESH)
2. THE DIRECTOR PANCHAYAT RAJ DIRECTORATE
GOVERNMENT OF MADHYA PRADESH 1, ARERA
HILLS NEAR PROVIDENT FUND OFFICE (MADHYA
PRADESH)
3. THE COLLECTOR . KHARGONE (MADHYA
PRADESH)
.....RESPONDENTS
( BY SHRI RAJWARDHAN GAWDE-ADVOCATE)
WRIT PETITION No. 687 of 2019
Signature Not Verified
Signed by: PRAVEEN
Signing time: 09-11-
2023 18:19:59
6
BETWEEN:-
RAJENDRA SHARMA S/O DAMODAR SHARMA, AGED
ABOUT 56 YEARS, OCCUPATION: SERVICE KAWADIYA
TEHSIL MAHESHWAR DISTT KHARGONE (MADHYA
PRADESH)
.....PETITIONER
( BY MS. DIXITA GUPTA-ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH PRINCIPAL
SECRETARY THROUGH PRINCIPAL SECRETARY
DEPARTMENT OF PANCHAYAT AND GRAMIN
VIKAS, VALLABH BHAWAN BHOPAL (MADHYA
PRADESH)
2. COMMISSIONER PANCHAYAT RAJ SANCHNALAY
1, ARERA HILLS, (MADHYA PRADESH)
3. COLLECTOR , KHARGONE DISTT. KHARGONE
(MADHYA PRADESH)
.....RESPONDENTS
( BY SHRI RAJWARDHAN GAWDE-ADVOCATE)
Heard on : 31.10.2023
Order pronounced : 09.11.2023
T h is petition coming on for orders this day, t h e cou rt passed the
following:
ORDER
These are connected Writ Petitions, the issues involved in the Writ
Petition are common, thus being decided by this common order.
For the sake of convenience, the facts are being taken from Writ Petition
No.9698/2018.
Petitioners have filed the Writ Petitions seeking direction to the
respondents to absorb them on the post of Village Secretary (Gram Sahayak).
Signature Not Verified
Signed by: PRAVEEN
Signing time: 09-11-
2023 18:19:59
The facts of the case are as under:-
2. Vide letter dated 16.10.1995, Deputy Director Panchayat and Social
Service, West Nimar Khargone approved to appoint the petitioner as Secretary
of Gram Panchayat under the Panchayat Karmi Scheme.
3. The Panchayat and Rural Development Bhopal issued a circular dated
22.08.1994 in respect of the absorption of Assistant Secretary in government
services to the post of Gram Assistant in compliance of the judgment passed
by M.P. Administrative Tribunal, Indore on 18.09.1992. For the absorption in
the government services in Gram Sahayak, the maximum age was relaxed, and a
minimum qualification of Higher Secondary or 10th pass was prescribed. The
list of all the Panchayat Sachiv, Sahayak Sachiv, Group Sachiv, and Anskaleen
Sachiv was prepared in the name of the petitioner was also there. Some of the
assistant secretaries approached this Court by way of Writ Petition
No.4399/2009 (s) and vide order dated 13.10.2006, the Writ Petition was
disposed of by giving direction to absorb them to the post of Gram Sahayak
w.e.f. their initial appointment. The petitioner also approached this Court
seeking a similar benefit of absorption on the post of Gram Sahayak. His Writ
Petition No.8045/2010, was disposed of vide order dated 12.08.2010, by
directing the respondents to consider the case of the petitioner as the same is
squarely covered and in light of a circular issued by the State Government on
22.08.1994. Against the said judgment dated 12.08.2010, the State Government
filed Writ Appeal No.574/2011 which came to be dismissed vide order dated
11.11.2011, thereafter, the petitioner submitted detailed representation
28.11.2011, to the Commissioner, Panchayat Raj Sanchanayal, which was
rejected vide order dated 09.10.2012.
Signature Not Verified
4. The petitioner again approached this Court by way of Writ Petition
Signed by: PRAVEEN
Signing time: 09-11-
2023 18:19:59
No.14020/2013 (s), vide order dated 31.01.2017, this Court quashed the order
dated 09.10.2012, with liberty to submit fresh representation, which was
submitted on 06.02.2017 with a request to absorb him on the post of Gram
Sahayak. Respondent No.2 denied the absorption vide detailed reasoned order
dated 20.02.2018, hence, this Writ Petition before this Court. Similarly placed
secretary has also approached this High Court to claim the relief absorption.
5. The petitioner has assailed the impugned order on the ground; firstly
that his case is squarely covered by the orders passed in the case of
BrijendraKumar Shrivastava and Manohar Khedi and others (Writ Petition
No.4399/2005) decided on 13.10.2006, secondly, he was appointed on
16.10.1995 after approval was granted by the Deputy Director Panchayat and
Social Service. He possesses the qualification i.e. higher secondary, therefore,
instead of regularizing on the post of Panchayat Secretary, he was entitled to be
absorbed in Gram Sahayak from the date of initial appointment and thirdly, the
decision given by this Court passed by the Writ Court had been upheld by the
Division Bench of this Court by dismissing the Writ Appeal, therefore, there is
no reason to reject the case of the petitioner.
6. After notice, the respondents have filed a reply by submitting that
though the Deputy Director granted the approval for the appointment the said
appointment was not confirmed by the Collector who alone is the competent
authority to notify the secretary of Gram Panchayat. Under Section 69(1) of
Madhya Panchayat Awam Gram Swaraj, Adhiniyam, 1982, the Collector is the
competent authority to appoint the Secret. ary not the Deputy Director. At the
relevant point of time, the Panchayat Secretary used to be appointed with
approval by the Collector. It is further submitted that the State Government
Signature Not Verified
Signed by: PRAVEEN
Signing time: 09-11-
2023 18:19:59
issued circulars dated 07.09.1979, 26.09.1981, and 25.01.1982 for absorption
of Panchayat Sachiv, Sahayak Sachiv, Group Sachiv, and Anskaleen Sachiv.
The specific direction was given not to appoint any Sachiv/Anskaleen Sachiv
despite that the petitioner was appointed. It is further submitted that
appointment to the government services is always subject to the sanctioned
vacant post. Gram Rojgar Sahayak is not posted in panchayat services as well
as in government services, therefore, in the absence of any statutory right, no
writ can be issued by this court to the respondents. according to the
respondents, the State Government issued circulars only to absorb AnshKaleen
Sachiv and Assistant Sachiv, those who were appointed after the approval of
the Collector, therefore, the petitioner has no right to claim the absorption. The
petitioner has no parity with Manohar. Hence the Writ Petition pe dismissed.
I have heard the learned counsel for the parties and perused the record.
7. The petitioner has no parity with Manohar Khedi as he was absorbed
as Gram sahayak under the circular dated 07.09.1979 whereas the case of the
petitioner comes in the circular dated 22.08.1994. Vide circulars dated
24.09.1986 and 07.09.1979, Anskaleen Sachiv who were appointed in
Mahakoshal and Vindhya Pradesh regions were directed to be absorbed in
government services against the post of Gram Sahayak. In the year 1987, the
advertisement was issued on 15.01.1987 and thereafter by way of mini PSC, the
Gram Sahayak were directly appointed by the Panchayat and Social Services
Department. Even the learned the M.P. State Administrative Tribunal in T.A.
No.1521/1988, vide order dated 13.03.1992 directed for absorption of Sahayak
Sachiv and Anskaleen Panchayat Sachiv to the post of Gram Sahayak and in
compliance of the aforesaid direction, the circular dated 18.09.1992 was issued
and which does not apply to the petitioner. Thereafter the complete ban was
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2023 18:19:59
imposed for the appointment of Sahayak Sachiv and Anskaleen Sachiv. Vide
circular dated 17.11.1995, the Panchayat and Social Service declared the Gram
Sahayak as a dying cadre and imposed the ban for the appointment of a new
Gram Sahayak. By the aforesaid circular the Panchayat Karmi scheme was
introduced, hence, the Writ Petition is liable to be dismissed.
8. So far as petitioner Radheshyam Patel is concerned, he was appointed
to the post of the Secretary of Gram Panchayat Roopkheda which is evident
from the letter dated 16.10.1995 and according to the respondents, the
Collector is the competent authority under Section 69(1) of Madhya Panchayat
Awam Gram Swaraj, Adhiniyam, 1982, but after the expiry of more than 25
years this issue has no relevance hence the appointment of the petitioner cannot
be declared illegal especially when vide order dated 13.05.2011 the petitioner
had been regularized and confirmed to the post of Secretary of the Gram
Panchayat.
9. The entire claim of the petitioner is based on the order passed by the
M.P. State Administrative Tribunal dated 18.09.1992 and circular dated
22.08.1994. The order of the M.P. State Administrative Tribunal is not on
record but as per the contents of the circular dated 22.08.1994 which was
admittedly issued prior to the appointment of the petitioner. The aforesaid
circular was issued for absorption of Assistant Secretaries to the post of Gram
Sahayak and admittedly the petitioner was appointed Secretary, not Assistant
Secretary, and those Gram Sahayak who are only 8th pass, for them
departmental examination to be conducted and passing the examination they
would be absorbed. Thereafter vide circular dated 12.09.1995, the post of
Gram Sahayak had been declared a dying cadre. The Writ Petition filed by the
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2023 18:19:59
petitioner i.e. W.P. No.8045/2010 was only disposed of without adverting to the
merit of the case with direction to the respondents to consider the case of the
petitioner for absorption in light of circular dated 24.08.1994, Against the said
order, Writ Appeal was dismissed because the direction was given to consider
the case but not on merit, therefore, whether the petitioner is liable to be
absorbed as Gram Sahayak, there is no positive finding in his favour neither in
Writ Petition nor in writ appeal. Vide order dated 09.10.2012, the respondent
rejected the claim of the petitioner that the petitioner was not appointed to the
post of Panchayat Karmi and thereafter a Committee constituted by the
Collector found him eligible therefore vide order dated 13.05.2011, the
petitioner was notified as Secretary in the pay scale 2200-3700 and since then
the petitioner is working Panchayat Secretary. The State Government vide order
dated 12.09.1995 has introduced Panchayat Karmi Scheme and declared Gram
Sahayak as a dying cadre therefore, by Annexure P/1, the petitioner was
appointed under Panchayat Karmi Yojna after vide order dated 16.10.1995 i.e.
after 12.09.1995. Before the appointment of the petitioner to the post of
Secretary, the post of Gram Sahayak had already been declared a dying cadre.
The petitioner never appointed or held the post of Assistant Sachiv, Samuh
Sachiv, and Anskaleen Sachiv.
10. The petitioner again approached this Court by way of Writ Petition
No.14020/2013, The same was disposed of with a direction to decide the case
of the petitioner afresh as has been done in the case of Nanakram Sankadiya
Vs. The State of M.P. and others (W.P. No.3031/2014) decided on
13.01.2017. Again, there is no finding that the petitioner is entitled to absorption
to the post of Gram Sahayak. Again the case of the petitioner considered and
rejected by the respondents vide order dated 20.02.2018, that he is not entitled
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to get the benefit of the circular dated 22.08.1994. It is clear from the aforesaid
that the circular dated 22.08.1994 was issued only in respect of appointment
made to the post of Assistant Sachiv, Samuh Sachiv, and Anskaleen Sachiv
appointed before 22.08.1994, thereafter Panchayat Karmi Yojna was introduced
on 12.09.1995 and post of Gram Sahayak was declared as dying cadre.
Admittedly, the petitioner was appointed after 12.09.1995 i.e. on 16.10.1995
that too Panchayat Karmi Yojna as Sachiv and even otherwise vide order dated
13.05.2011 which he did not challenge till date, thus there is no substance in the
case of the petitioner.
11. The petitioner is not entitled to be absorbed into the post of Gram
Sahayak which is not in existence now, declared as a dying cadre long back.
Thus Writ Petition is dismissed, with no order as to cost.
In view of the order passed in Writ Petition No.9698/2018, all the
Writ Petition are dismissed.
Let photocopy of this order be placed in all the connected Writ
Petitions.
(VIVEK RUSIA)
JUDGE
Praveen
Signature Not Verified
Signed by: PRAVEEN
Signing time: 09-11-
2023 18:19:59
