Andhra Pradesh High Court - Amravati
This Writ Petition Is Filed vs Panchayat Secretary On Contract Basis ... 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 2 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.
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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 4 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 5 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 6 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 of the material on record, this Court opined that in view of the order passed by the learned Tribunal cited supra, the respondents are directed to consider the case of the petitioners, keeping in view of the experience already gained by them and count their services as per their eligibility in terms of existing G.Os, and pass 7 appropriate orders in accordance with law, within a period of eight (08) weeks from the date of receipt of a copy of this order.
10. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs.
As a sequel, miscellaneous applications pending, if any, shall also stand closed.
___________________________________ DR.JUSTICE K. MANMADHA RAO Date: 28.12.2022.
KK 8 THE HON'BLE DR.JUSTICE K. MANMADHA RAO WRIT PETITION (A.T) No.630 of 2021 Date:28.12.2022.
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