IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.4777/02 Soran Singh vs. State & Ors. Date of order : 4/11/2008. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Pawan Dangur for the petitioner. Shri Hemant Gupta, Additional Government Counsel for the State. ****** Heard learned counsel for the parties. The petitioner has challenged the order dated 14.6.2002 which is a general order issued by the Directorate of the Panchayati Raj Department of the Government of Rajasthan to all the Development Officers of Panchayat Samities. This order required that such of the surplus employees of the Forest and Irrigation Department who were not working in the regular pay scale but on daily wage basis were not eligible for being so absorbed and therefore their services be repatriated to the parent department. Shri Pawan Dangur, learned counsel for the petitioner has argued that the petitioner was sent to Panchayati Raj Department by order of the respondents dated 26.06.2001 and thereafter he was absorbed and appointed as Gram Sevak in Panchayat Samiti Saila, District Jalore vide order dated 9.7.2001 but before that date he was already been granted the semi permanent status and was being fixed in regular pay scale. He was therefore entitled for being absorbed as Gram Sevak. The action of the respondents in seeking to repatriated the petitioner to the parent department be declared illegal. The respondents have filed two separate replies to the writ petition. While respondent no.1 and 2 have filed the reply on behalf of Panchayati Raj Department, respondent no.3 and 4 have filed another reply for the Forest Department. The Panchayati Raj Department in its reply has taken the stand that any employee who was working on daily wage basis, cannot be absorbed as Gram Sevak and therefore their order dated 12.6.2002 is perfectly justified. The Forest Department in its reply has come out with the plea that the petitioner was by order dated 14.7.2003 granted semi permanent status with effect from 1.4.2000 and his pay was fixed in the regular pay scale of Rs.2550-55-2660-60-3200 and since the date 1st April, 2004 falls much before the order declaring him surplus i.e. 26.6.2001, the petitioner would not be ineligible for being absorbed in the Panchayati Raj Department. In view of the clarification made by the Forest Department itself, it would be evident that the petitioner is working in the regular pay scale as on 1st April, 2004 and therefore the action of the Panchayati Raj Department in seeking to repatriate the petitioner to Forest Department would not be justified. Even as per their own Circular dated 14.6.2002 only such of the employees are required to be repatriated who are working on daily wages and not receiving their salary in regular pay scale. In view of the above, the respondents are directed to continue the petitioner in the Panchayati Raj Department as Gram Sevak consequent upon his absorption on that post like any other employee of his status. The writ petition is accordingly allowed. (MOHAMMAD RAFIQ), J. RS/