LPA/2291/2007 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD LETTERS PATENT APPEAL No. 2291 of 2007 In SPECIAL CIVIL APPLICATION No. 19774 of 2007 With LETTERS PATENT APPEAL No. 2292 of 2007 In SPECIAL CIVIL APPLICATION No. 19169 of 2007 With CIVIL APPLICATION No. 15535 of 2007 In LETTERS PATENT APPEAL No. 2291 of 2007 With CIVIL APPLICATION No. 15536 of 2007 In LETTERS PATENT APPEAL No. 2292 of 2007 For Approval and Signature: HONOURABLE MS. JUSTICE R.M.DOSHIT & HONOURABLE MR.JUSTICE K.M.THAKER ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to civil judge ? ========================================================= THE DISTRICT PANCHAYAT - Appellant(s) Versus DISTRICT PANCHAYAT THROUGH DISTRICT HEALTH OFFICER & 1 - Respondent(s) ========================================================= Appearance : MR JD AJMERA for Appellant MR RITURAJ M MEENA for Respondent(s) : 1, MR JAGDISH H MEHTA for Respondent(s) : 2, ========================================================= LPA/2291/2007 2/4 JUDGMENT CORAM : HONOURABLE MS. JUSTICE R.M.DOSHIT and HONOURABLE MR.JUSTICE K.M.THAKER 26th March, 2008 ORAL JUDGMENT (Per : HONOURABLE MS. JUSTICE R.M.DOSHIT) Heard the learned advocates. With the consent of the learned advocates, these Appeals are heard and decided today by this common order. These two Appeals have been preferred by the Amreli District Panchayat against the common order dated 28th November, 2007 made by the learned Single Judge, pending the above Special Civil Applications No. 19774 of 2007 & 19169 of 2007. By impugned order, the learned Single Judge has directed the Amreli District Panchayat to continue the service of the respective writ petitioner pending the petitions. It is not in dispute that both the writ petitioners were employed by Bhavnagar District Panchayat as daily wage Peon/Aya in the Primary Health Center, Jeera, Taluka-Savarkundla. On completion of certain length of service, by Order dated 23rd November, 1990 made by the District Health Officer, Bhavnagar, certain service benefits were conferred upon the writ petitioners. In the year 1997 or thereabout, the State Government reconstituted areas of several districts. The area of Taluka-Savarkundla which was hitherto in the Bhavnagar district was included in Amreli district. Thus, the Community Health Center, Jeera also got transferred to Amreli District Panchayat. At the relevant time, both the writ petitioners submitted their option forms and opted LPA/2291/2007 3/4 JUDGMENT to continue to serve at Primary Health Center, Jeera under the Amreli District Panchayat. However, though the writ petitioners were continued as daily wage Peon/Aya at Primary Health Center, Jeera under Amreli District Panchayat, their options were not processed. A formal order for allocation of the writ petitioners to District Panchayat, Amreli was never made. By order dated 29th June, 2006 made by the District Health Officer, Amreli, the writ petitioners are relieved and instructed to report for duty to the District Panchayat, Bhavnagar. Feeling aggrieved, the petitioners have preferred the above Special Civil Applications under Article 226 of the Constitution of India. Pending the petitions, by impugned order, the learned Single Judge has directed that, “..the petitioners shall be permitted to continue the work which they were working prior to the impugned order.” Therefore, the present Appeals. Indisputably, the writ petitioners were employed by the District Panchayat, Bhavnagar. After reconstitution of Amreli & Bhavnagar districts, though the writ petitioners were continued at Primary Health Center, Jeera, their service was not transferred to District Panchayat, Amreli. In absence of a formal order of allocation of the writ petitioners to Amreli District Panchayat, the writ petitioners continue to be the servant of the District Panchayat, Bhavnagar. The writ petitioners cannot have any claim against Amreli District Panchayat except the wages for the service rendered. Hence, as the Amreli District Panchayat has relieved the writ petitioners as “surplus staff”, it is the bounden duty of the Bhavnagar District Panchayat to continue the writ petitioners in its service and to assign them appropriate duties. LPA/2291/2007 4/4 JUDGMENT In above view of the matter, the impugned order dated 28th November, 2007 made by the learned Single Judge is quashed and set-aside. It is directed that pending the writ petitions, the District Panchayat, Bhavnagar will allow the writ petitioners to join duty under the District Panchayat Bhavnagar and will assign them suitable posting and work. It is clarified that this order will not preclude the Bhavnagar District Panchayat from terminating the service of the writ petitioners for disciplinary or administrative reasons, but not without following the due process of law. The Appeals are allowed in the above terms. Civil Applications stand disposed of. {Ms. R.M Doshit, J.} {K.M Thaker, J.} Prakash*