Rajasthan High Court - Jaipur
Manohar Lal Jaga vs . State Of Rajasthan & Ors. on 18 April, 2014
Author: Amitava Roy
Bench: Amitava Roy
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
JUDGMENT
(1) D.B. CIVIL WRIT PETITION NO.5861/2013
MANOHAR LAL JAGA Vs. STATE OF RAJASTHAN & ORS.
(2) D.B. CIVIL WRIT PETITION NO.5698/2013
MADAN LAL BAIRWA & ORS. Vs. STATE OF RAJASTHAN & ORS.
(3) D.B. CIVIL WRIT PETITION NO.5830/2013
LOHADI RAM MEENA & ORS. Vs. STATE OF RAJASTHAN & ORS.
(4) D.B. CIVIL WRIT PETITION NO.5862/2013
PAANMAL KHATIK & ORS. Vs. STATE OF RAJASTHAN & ORS.
(5) D.B. CIVIL WRIT PETITION NO.5878/2013
MAHESH KUMAR GURJAR & ORS. Vs. STATE OF RAJASTHAN & ORS.
(6) D.B. CIVIL WRIT PETITION NO.5938/2013
CHHOTE LAL GURJAR & ORS. Vs. STATE OF RAJASTHAN & ORS.
(7) D.B. CIVIL WRIT PETITION NO.5939/2013
SANJAY SHARMA & ORS. Vs. STATE OF RAJASTHAN & ORS.
(8) D.B. CIVIL WRIT PETITION NO.6068/2013
NARENDRA KUMAR KAJALA Vs. STATE OF RAJASTHAN & ORS.
(9) D.B. CIVIL WRIT PETITION NO.6124/2013
OMPRAKASH MEENA & ORS. Vs. STATE OF RAJASTHAN & ORS.
(10) D.B. CIVIL WRIT PETITION NO.6152/2013
MADAN LAL Vs. STATE OF RAJASTHAN & ORS.
(11) D.B. CIVIL WRIT PETITION NO.6203/2013
HEMPAL SINGH GURJAR & ANR. Vs. STATE OF RAJASTHAN & ORS.
(12) D.B. CIVIL WRIT PETITION NO.5718/2013
GIRRAJ PRASAD SAIN & ORS. Vs. STATE OF RAJASTHAN & ORS.
(13) D.B. CIVIL WRIT PETITION NO.6219/2013
RAKESH KUMAR AGARWAL & ANR. Vs. STATE OF RAJASTHAN & ORS.
DATE: :: 18th APRIL, 2014
HON'BLE THE CHIEF JUSTICE MR. AMITAVA ROY
HON'BLE MR. JUSTICE VEERENDR SINGH SIRADHANA
Mr. Nawal Singh Sikarwar,
Mr. H.P. Singh, Mr. Laxmi Kant Sharma,
Mr. Imran Khan, for the petitioners.
Mr. S.K. Gupta, Additional Advocate General,
Mr. Gaurav Tanwar, for the State-respondents.
****
BY THE COURT (PER HON'BLE THE CHIEF JUSTICE):
The instant batch of petitions seek to impeach the constitutional validity of the amendment to Rule 273 of the Panchayati Raj Rules, 1996 (for short, hereafter referred to as 'the Rules'), effected by the Notification No.F.4(7)/Ame./Rules/Legal/PR/2012/107, dated 29.01.2013. A writ of mandamus, or order, or direction directing the State-respondents to consider the candidature of the employees working as Secretary, Water Shed Committees, (for short, hereafter referred to as 'the Committee') under the scheme of the National Water Shed Programme by treating them to be at par with other employees working under MGNREGA in the process of recruitment involved has been prayed for as well.
We have heard Mr. Nawal Singh Sikarwar, Mr. H.P. Singh, Mr. Laxmi Kant Sharma and Mr. Imran Khan, the learned counsel for the petitioners and Mr. S.K. Gupta, learned Additional Advocate General with Mr. Gaurav Tanwar, Advocate, for the State-respondents.
The pleaded case of the petitioners barring fringe variations is strikingly common and, therefore, the foundational facts have been culled from D.B. Civil Writ Petition No.5861/2013. On an analogy of reasoning, the stand of the official respondents as available in their reply in this proceeding, would be adverted to.
The petitioners are presently working as Secretary, Water Shed Committees (for short, hereafter referred to as 'the Committees'), constituted under the National Water Shed Development Programme, administered with the Central Government and the State Government jointly. They had been appointed by the respective Gram Panchayats in the meetings of the Gram Sabhas, as claimed by them, as per the terms , conditions and the guidelines issued by the Rajasthan Panchayati Raj Department. On an average, the petitioners are serving in this capacity for last 5 to 6 years. They have stated that the committees are duly registered with the Registrar of the society under the Rajasthan Societies Registration Act, 1958 (for short, hereafter referred to as 'the 1958 Act'). They have asserted that these committees are working under the Panchayati Raj Institutions in rural areas and performing duties in the fields of engineering, animal husbandry, agriculture and social science and as the Secretary of the Committee, they have to maintain the accounts/ledger, check book register, receipt register, measurement book, muster roll, stock register etc. Referring to the Circular No.?.17(28-??)??????/??/7455-8054, dated 29.09.2004, enumerating the works to be performed, amongst others, by the secretary of such committee, the petitioners have pleaded that they have been religiously discharging their duties to the satisfaction of all concerned. They have mentioned of the Office Order No.F.19(123)/DWDSC/MOAP/09-10/2201-2516, dated 03.08.2009, whereby remunerations of the Water Shed Development Team (for short, hereafter referred to as 'the WDT') and the Secretary of the water shed committees have been enhanced. That the Department of the Rural Development and Panchayati Raj, Government of Rajasthan had issued circulars from time to time for conducting the affairs of the water shed committees and sub committees and that the petitioners are scrupulously adhering to the guidelines in connection therewith, has been categorically stated. In this regard, the petitioners have also referred to, in particular, the Office Order No. ??18 (??-66)?????????????/??????/2011/4721-5178, dated 08.03.2011, circulating the guidelines for streamlining the works of the water shed committees.
The petitioners have stated further that by Notification No.F.4(7)Ame./Rules/Legal/PR/2012/2649, dated 17.12.2012, the Rule 273 of the Rules has been amended, whereby provision has been made for grant of bonus marks, amongst others, to eligible incumbents of any post under any scheme of the Department of Rural Development & Panchayat Raj in the matter of appointment to the post of Lower Division Clerk in the said Department. According to the petitioners, in view of this amendment, they were eligible to be granted bonus marks in view of their continuous services in the post of Secretary of the water shed committees. However, by the impugned Notification, Rule 273 of the Rules was further amended and the relevant proviso purportedly omitted to name the posts in the schemes of the Department of Rural Development & Panchayati Raj, eligible to secure the bonus marks. This amendment was followed by a letter No.??17(?)??????/?.??./???? ?????/2013/458, dated 12.02.2013, issued by the same Department and addressed to all District Collectors (Coordinator) and the Chief Executive Officers of all Zila Parishads, detailing the guidelines for appointment to the post of Lower Division Clerk by direct recruitment. In clause 19 of this letter, persons working on contract basis in MGNREGA or Water Shed Development Programme or Nirmal Bharat Abhiyan, were contemplated to be entitled for bonus marks. In the advertisement initiating a process for direct recruitment to the post of Lower Division Clerk under the Rajasthan Panchayati Raj Act, 1994 (for short, hereafter referred to as 'the Act') and the Rules, in terms of clause 11 stipulating the criteria for selection, apart from academic qualifications, as mentioned therein, it was clarified that in terms of the amended provisions of the Rules, incumbents in the posts of Programme Officer/ Assistant Programme Officer, Senior Technical Assistant, Programmer, Assistant Accountant, Junior Technical Assistant, Junior Engineer, Gram Rozkar Sahayak, Data Entry Operator, Account Assistant, Lower Division Clerk, Coordinator IEC etc. etc. as well as members of the Water Shed Management Programme under the integrated National Water Shed Development Programme/D.D.P./D.P.A.P. in the engineering, agriculture, animal husbandry, social science or those serving as District Coordinator Cleanliness/SWSHE, Block Coordinator/Accountant or Computer/M.I.S. Assistant under the Nirmal Bharat Abhiyan(Complete Cleanliness Programme), would be entitled to the bonus marks. In the Explanation appearing thereunder, it was clarified that such bonus marks would be granted on the basis of experience to the persons engaged in the State on contract basis in the projects under MGNREGA or integrated Water Shed Management Programme/National Water Shed Development Programme/D.D.P./D.P.A.P./Nirmal Bharat Abhiyan.
According to the petitioners, amendment to the proviso to Rule 273 of the Rules by Notification dated 29.01.2013, is patently illegal, arbitrary and discriminatory in omitting to mention/include the post of Secretary, Water Shed Committee, which is equivalent in all respects to other posts, as referred to therein, in the perspective of grant of bonus marks. They have contended as well that in terms of the guidelines dated 12.02.2013 and the advertisement as well, they are entitled to bonus marks in the capacity of Secretary of the water shed committees, at par with the incumbents of other posts, as mentioned therein and thus denial thereof to them, is patently illegal and arbitrary.
The respondents, in their reply, while admitting that the petitioners are serving as secretaries of the respective water shed committees in the villages/Panchayat Samities, have asserted that they, having been appointed in the meeting of the Gram Sabha concerned, are not working against permanent posts. They, not having been appointed by the State respondents in public service, as such are not entitled to the bonus marks. The respondents, however, have admitted that Ministry of Rural Development (Soil Conservation Department), Government of India had issued common guidelines for the water shed development in the year 2008 and amended in the year 2011. In terms of paragraph 46 of the said guidelines, the Gram Sabha has to elect a secretary for the watershed committee, who would be an independent worker on fixed honorarium and would be required to be self devoted worker for watershed programme. Contending that the petitioners have, thus, been elected by the respective Gram Sabhas as independent social workers and not recruited under any provision or scheme of the MGNREGA to the posts, enumerated in the Rules and the advertisement, the respondents have pleaded that their claim for bonus marks on the basis of their experience, is misplaced. The answering respondents have endorsed the validity of the Rules asserting that the same is in wholesome conformity with the letter and spirit of the Act. Having regard to the mode of appointment of the petitioners as secretary of the respective water shed committees and underlining the fact that they have not been engaged in the State service through regular process of selection, as contemplated in law, the answering respondents have dismissed the challenge to the validity of the Rules as well as their claim for bonus marks at par with the incumbents of the posts, referred to in the Rules and the advertisement, to be wholly misconceived.
Learned counsel for the petitioners have insistently argued that the impugned amendment to the proviso to Rule 273 of the Rules, purportedly excluding any post under the scheme of the Department of Rural Development and Panchayati Raj aside MGNREGA, as referred to therein, is, per se, illogical, unjust and discriminatory and is thus, liable to adjudged as such. Without prejudice to this, they have urged that exclusion of the secretaries of the water shed committees from the entitlement of bonus marks under Rule 273 of the Rules is also evidently illegal, improper and unjust as their duties and responsibilities in that capacity in the projects under the Integrated Water Shed Management Programme, envisaged in the National Water Shed Development Programme, are equivalent in all respects with the other incumbents appointed on contract basis thereunder. Referring to the Guidelines dated 12.02.2013 and the relevant clauses of the advertisement, the learned counsel have maintained that unequal treatment meted out to the secretaries of the water shed committees under these programmes, is distinctly discriminatory and in contravention of their fundamental rights under Article 14 and 16 of the Constitution of India and ought to be proclaimed unconstitutional, null and void. To reinforce these pleas, the learned counsel have taken this Court through the common guidelines of the National Water Shed Development Programme conceived by the Central Government and sponsored by it as well as the Government of Rajasthan as well as the charter of the respective water shed committees and official communications, amongst others, outlining the nature of works, to be performed by the secretary thereof.
Mr. Gupta, per contra, has urged that as the secretary of the water shed committee has been appointed by the respective Gram Sabha in its meeting and is granted fixed honorarium for the services rendered by him, he, by no means, can be equated with the incumbents in State service, appointed on contract basis in the posts, referred to in the proviso to Rule 273 of the Rules or in any scheme, apart from MGNREGA under the Rural Development and Panchayati Raj Department of the State. He has, thus, argued that the decision of excluding the secretary of the water shed committee from the benefit of bonus marks, as prescribed by the proviso to Rule 273 of the Rules, cannot be faulted with and, thus, the challenge is misconceived.
We have examined the pleaded facts and the documents on record and have analyzed the rival arguments as well.
The process of recruitment, as has been initiated by the advertisement involved, is for filling up the posts of Lower Division Clerk, to be governed by the provisions of the Act and the Rules. Filtering out the unnecessary details, suffice it to state that vide Rajasthan Panchayati Raj (Second Amended) Rules, 2012, the following proviso was added to the existing one to Rule 273 of the Rules:-
Provided also that in case of appointment to the post of Lower Division Clerk, merit shall be prepared by the Appointing Authority on the basis of marks obtained in such qualifying academic examinations as specified in the schedule I o chapter XII of these rules and such bonus marks as may be specified by the State Government having regard to the length of experience, more than one year as Junior Technical Assistant (J.T.A.), Junior Engineer, Gram Rozgar Sahayak, Data Entry Operator, Computer Operator with Machine (engaged other than placement agencies), Lekha Sahayak, Lower Division Cler, Co-ordinator IEC, Coordinator Training, Coordinator Supervision in MGNREGA or any post under any scheme of the Department of Rural development and Panchayati Raj.
Further amendment to this proviso was occasioned by the Rajasthan Panchayati Raj (Amendment) Rules, 2013, whereafter the same read as hereunder:-
Provided also that in case of appointment to the post of Lower Division Clerk, merit shall be prepared by the Appointing Authority on the basis of such weightage as may be specified by the State Government for the marks obtained in Senior Secondary or its equivalent examination and such marks as may be specified by the State Government having regard to the length of experience exceeding one year acquired by persons engaged on the post of Junior Technical Assistant(J.T.A.), Junior Enginer, Gram Rozgar Sahayak, Data Entry Operator, Computer Operator with Machine, Lekha Sahayak, Lower Division Clerk, Co-ordinator IEC, Coordinator Training, Coordinator Supervision, other than through placement agency, in MGNREGA or in any other scheme of the Department of Rural Development and Panchayati Raj in the State.
A comparison of the texts of these proviso, would bring out the following salient features:-
(i) For the words more than one year, following the word experience in the earlier proviso, the words exceeding one year acquired by persons engaged on the post, were substituted.
(ii) The words any post under any after the word or following the word MGNREGA, were substituted by the words in any other. Conspicuously, the word post appearing in the earlier proviso was deleted.
To reiterate, in clause-19 of the Guidelines dated 12.02.2013, following the amendment on 29.01.2013 pertaining to direct recruitment to the post of Lower Division Clerk, as per the Rules, the provision for grant of bonus marks on the basis of experience, was contemplated for employees engaged on contract basis in the State, discharging duties in the projects under MGNREGA, or integrated Water Shed Management Programme, or National Water Shed Development Programme, or Nirmal Bharat Abhiyan. Noticeably, no distinction or classification was made amongst the employees or incumbents qua these projects/programmes in the matter of grant of bonus marks based on service experience. In clause-11 of the advertisement, stipulating the criteria for selection, apart from prescribing the academic qualifications required, it was mentioned that aside the incumbents in the posts, referred to in the amended proviso aforementioned, members of the Water Shed Development Team in the disciplines of engineering, agriculture, animal husbandry or social science under the integrated Water Shed Management Programme/ National Water Shed Development Programme/D.D.P./D.P.A.P. as well as those serving as District Coordinator Cleanliness/SWSHE, Block Coordinator/Accountant or Computer/ M.I.S. Assistant under the Nirmal Bharat Abhiyan, would be entitled to bonus marks. It was clarified however that if any of these incumbents was in possession of experience less than one year, he would not be entitled to such marks. In the Explanation appearing at the foot of the clause, it was clarified that such bonus marks would be granted to the incumbents engaged on contract basis in the State and serving under MGNREGA or integrated Water Shed Management Programme/ National Water Shed Development Programme/D.D.P./D.P.A.P. or Nirmal Bharat Abhiyan (Complete Cleanliness Mission). Here again, no distinction was made amongst the incumbents serving or discharging their duties under these projects/programmes. It cannot be gainsaid that correct interpretation of clause-11 of the advertisement, so far as it relates to grant of bonus marks, has to be on a combined reading of the parent context thereof and the explanation provided.
It is too trite to mention that the stipulations in the guidelines and the advertisement, having been consciously designed by the official respondents, the same, by no means, could have been contemplated in departure from or any repugnance to the amended proviso to Rule 273 of the Rules, effected by the Rajasthan Panchayati Raj(Amendment) Rules, 2013. It is, thus, apparent that the State-respondents interpreted the impugned proviso as not exclusionary of any post beyond those named therein, qua any other scheme of the department of Rural Development and Panchayati Raj for grant of bonus marks, if the incumbent thereof was otherwise eligible therefor. A plain reading of the impugned proviso, in our view, also incontestably covey the same. In our comprehension, the words engaged on the post of do not limit entitlement of bonus marks only to the holders of the posts, named therein, in any scheme other than MGNREGA of the Department of Rural Development and Panchayati Raj of the State.
The above referred clauses of the guidelines and the advertisement also, in our estimate, unerringly endorse this exposition of ours. The challenge to the validity of the impugned proviso to Rule 273 of the Rules, in our discernment is, thus, mislaid. To reiterate, this proviso does not exclude as such, the incumbents of any post in any scheme other than MGNREGA of the Department of Rural Development and Panchayati Raj for grant of bonus marks and does not limit its application therefor, only to the posts specifically named therein. Axiomatically therefore, if the petitioners satisfy the description of employment on such post(s) in any other scheme of the department, aforenamed, they would be entitled for grant of bonus marks, as ordained by the above referred proviso to Rule 273 of the Rules, if otherwise eligible.
The documents appended to D.B. Civil Writ Petition No.5861/2013, reveal that the petitioner had been appointed as secretary under the National Water Shed Development Project, Jaatpur-2 by the jurisdictional Gram Sabha, on a monthly honorarium of Rs.2,500/- per month on 05.02.2009. His appointment letter is on the letterhead of Gram Panchayat Khuteta Kalan, Panchayat Samiti Ramgarh, Alwar. The minutes of the meeting of the Gram Sabha, to this effect, as per Resolution 14 thereof, clearly bears out this fact. That the Water Shed Committee, Jaatpur-II of which the petitioner was inducted as the secretary, is registered under the 1958 Act, is evident from the certificate to this effect, appended to the writ petition. The charter of the Water Shed Committee, National Water Shed Development Scheme, Water Shed Region Jaatpur-II, discloses that the committee has twofold principle objectives, (i) of ensuring financial and social upliftment of the rural population, associated directly or indirectly with integrated development of water shed regions; (ii) endeavouring to constitute self health groups from amongst poor, landless, unemployed, women, Scheduled Caste, Scheduled Tribes etc. with the help of Water Shed Development Committee in the concerned watershed regions. The other objectives include constitution of consumer groups on the basis of public participation and preparation of elaborated schemes to ensure that consequent upon the watershed activities, there is an improvement in the water level so as to facilitate enhancement of the income of the agriculturist/landless and the unemployed and augment as well the output. The charter further discloses that in the respective water shed committees, person residing in the region concerned, who directly or indirectly depends on such water shed region and is an adult and is interested in its activities of the watershed committee and the welfare thereof, can be its member. The charter does not classify the categories of members and provides that the concerned Gram Sabha can select/appoint the President of the water shed committee. The said document also sets out the rights and obligations of the water shed committees. That the constitution of the water shed committee has to be in accordance with paragraph 44 of the common guidelines, issued by the National Water Shed Development Project, is mentioned in the charter, which further recites that it would comprise of 10 members in the minimum and would also have one representative of the Water Shed Development Team therein. The functions of the secretary of water shed committee include convening of meetings of the Gram Sabha, Gram Panchayat, water shed committee in the context of Water Shed Development Project and taking of all follow up steps on the basis of the resolutions taken therein, maintaining all the records of the activities of the scheme, ensuring the payments as called for and signing of the cheques therefor jointly with the nominated member of the Water Shed Development Team. That the water shed committee ought to be registered with the Registrar of the society under the 1958 Act, has also been enjoined in the charter. The documents, subjoined with the writ petition, further disclose that the petitioner along with others had been required to attend the workshop as a Secretary of the water shed committee, held under the aegis of Indira Gandhi Panchayati Raj and Rural Development Institution, Jaipur, which he duly attended. The Circulars dated 29.09.2004, Annexure-6 to the writ petition, amongst others, do set out the duties of the Secretary of the water shed committee in connection with different projects of the Water Shed Development and Soil Conservation Department, Rajasthan, Jaipur, for the development of watershed regions. These include, inter alia, survey of the works done and the entries to be made in the relevant records in the prescribed forms. The Office Order dated 03.08.2009, Annexure-7 to the writ petition, refers to rates of honorarium for the Water Shed Development Team members and the Watershed Committee Secretary. The Office Order dated 08.03.2011, Annexure-8 to the writ petition, issued by the Directorate, Watershed Development & Soil Conservation, Rajasthan, Jaipur under the Rural Development and Panchayat Raj Department of the State, demonstrates that the projects undertaken in the Integrated Water Shed Management Programme, had been recognized thereby and that for the execution thereof, common guidelines issued by the Central Government have been enforced. The Office Order further discloses that in terms of paragraph 44 and 45 of the said common guidelines, in every project region, for every Gram Panchayat, there is a provision for constituting the water shed committee and that in view of the effective role of the Panchayati Raj Institutions in such matters, the concerned water shed committees are declared to be sub committees (watershed) of the related Gram Panchayat. Apart from setting out the terms of reference for the functioning of such sub committees(watershed), which include the parameters for constitution thereof, it has been indicated therein that the same would apply to all existing watershed committees under the Integrated Water Shed Management Programme as well as those, to be constituted in future thereunder.
The common guidelines issued by the Central Government in the year 2008 pertaining to the Water Shed Development Projects, constitute a self-contained Code do provide as well a revealing comprehension of the constitution of the different agencies from the village to the national level, the roles assigned to these entities and the incidental, yet significant organizational imperatives for coordinated and sustained execution of such projects. The common guidelines disclose that whereas at the National level, there would exist a National Level Nodal Agency/National Rain Water Area Authority, at the State level, the State Level Nodal Agency would be comprised of at least 4 to 7 professional experts, who may be taken on deputation or may be appointed on contract basis from the open market. The District Level Water Shed Development Agency, at the district level, would be formed of at least one officer on contract basis or on deputation together with 3 to 4 subject experts drawn on contract basis/deputation/transfer. At the next level, lower in the hierarchy, is the Panchyati Raj Institution to assist Gram Panchayat, Zila Panchayat etc, as the case may be.
The Project Implementation Agency, as decided by the State Level Nodal Agency, would include Water Shed Development Team and the Water Shed Committee, at the village level. Water Shed Development Team and the Water Shed Committee are the integral constituents of the Project Implementation Agency. Whereas the Water Shed Development Team would be may up of at least 4 members, one of whom would essentially be a woman with professional degree, Water Shed Committee would be constituted by the respective Gram Sabha with the technical assistance of the Water Shed Development Team. Any eligible person of the village and found suitable for the office, may be elected to be appointed as the Chairman of the Water Shed Committee by the Gram Sabha. Apart from one Secretary of the Water Shed Committee to be selected in the meeting of the concerned Gram Sabha, there has to be 10 members thereof, half of whom are to be inducted from the self assisted group or joint group. One representative from the Water Shed Development Team has to be included as well. In the event of more than one villages within the jurisdiction of a Gram Panchayat, then separate sub-committees, each for the unit village would have to be constituted. If a project covers more than one panchayat, then separate committees for the corresponding gram panchayat would be involved in the implementation thereof.
Noticeably, the salary of the member of the Water Shed Development Team and that of the Secretary of the Water Shed Committee has to be charged from the administrative expenses of the Project Implementation.
The Secretary of the Water Shed Committee, apart from being a salaried personnel, would be a dedicated worker under the direct supervision of the Chairman of the Water Shed Committee. Apart from the prescription that the selection of the Secretary has to be made on the basis of qualification and experience suited for his office, to reiterate, his emoluments are to be charged from the administrative assistance head of implementation of Water Shed Development Project. His duties inter alia are to :
(i)convene meetings of Gram Sabha/Gram Panchayat Water Shed Committee for implementation of Water Shed Project;
(ii)take follow up action of the decision taken;
(iii)maintain the record of the meeting etc.;
(iv)ascertain payment and other financial transactions;
(v)be joint signatory of cheques with the nominee of Water Shed Development Committee.
Noticeably, the common guidelines do not mention about the remuneration to the Chairman and/or members of the Water Shed Committee.
It would thus, be apparent from the common guidelines that the Secretary of the Water Shed Committee as well as the member of the District Water Shed Team are appointed/selected on the basis of the prescribed conditions of eligibility/qualification and their emoluments and salary are drawn from one and the same head of the budget involved. The duties and responsibilities of the Secretary are specifically outlined. All these disclosures from the common guidelines evidently corroborate the authenticity of the relevant orders/circulars appended to the writ petition and attest as well the probative bearing thereof on the plea of equivalence of the post of Secretary, Water Shed Committee with those comprehended in the guidelines and the advertisement for grant of bonus marks and demand for parity of treatment vis-a-vis the incumbents thereof.
In view of the above narrative, based on contemporaneous records/documents, there appears, in our comprehension, no rational or tangible foundation to draw any distinction either between the incumbents of Water Shed Development Team or Water Shed Committee, conceived of as the entities for execution of the projects under the Integrated Water Shed Development Programme, pursuant to the National Water Shed Development Project, mooted by the Central Government and sponsored jointly by it along with the State Government. Having regard to the nature of the duties and functions entrusted to the Secretary of the watershed committee, construed to be a sub committee of the concerned Panchayat Institution, we find no existing basis as well for differentiating him (Secretary) from other members of such committees. The project being clearly sponsored and executed by the State Government with the proclaimed status of watershed committee, it is an integral part of the related Panchayat Institution.
We are, thus, of the unhesitant opinion that vis-a-vis an incumbent engaged on contract basis in the State rendering services under MGNREGA, or Integrated Water Shed Management Programme, or National Water Shed Development Programme/D.D.P./D.P.A.P., or Nirmal Bharat Abhiya, there is no reasonable and existing yardstick to exclude the Secretary of the water shed committee otherwise assimilated in the same exploits from the benefit of bonus marks. The mode of his appointment and the author thereof, ipso facto, in the face of the otherwise overwhelming and contemporaneous materials establishing parity of the post of Secretary, water shed committee with that of others working under the aforenamed programmes/schemes, cannot be construed to be a judicially approvable measure to deny him bonus marks on the basis of his experience, if he is otherwise entitled thereto. The plea of the State-respondents, to this effect, thus, does not commend for acceptance and is consequently, rejected.
In the wake of the above, a Secretary of the water shed committee under the Integrated Water Shed Management Programme, launched in terms of the National Water Shed Development Programme, is also held to be entitled for grant of bonus marks, as per Rule 273 of the Rules. The respondents, thus, are hereby required to grant bonus marks to the petitioners in the process of direct recruitment involved, as due to them under the Rules, guidelines and the advertisement and accordingly, assess their suitability for appointment to the post of Lower Division Clerk involved and take consequential decision.
The writ petitions, in the above premise, are thus allowed.
(VEERENDR SINGH SIRADHANA),J. (AMITAVA ROY),C.J.
/KKC/ & Skant/-
Certificate:
All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.
KAMLESH KUMAR P.A