1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R S.B.Civil Writ Petition No. 1523/1997 (Manohar Singh & Ors. Vs. State of Rajasthan & Anr.) ......... Date of Order : 07/01/2009 P R E S E N T HON'BLE MR. JUSTICE H.R.PANWAR Mr. Dipesh Beniwal on behalf of Mr. M.S.Singhvi for the petitioners. Mr. Kailash Joshi and Mr. Manoj Bohra for respondent Board. Mrs. Pratishtha Dave, Dy. Govt. Counsel for respondent State. BY THE COURT Reportable By the instant writ petition under Article 226 of the Constitution of India, the petitioners have challenged the order Annex.12 dated 28.03.1997 passed by the respondent State. The facts and circumstances giving rise to the instant writ petition are that the petitioners were appointed by the Gram Panchayat, Rani which subsequently converted into Municipal Board, Rani. On formation of the Municipal Board, Rani, (for short 'the Board' hereinafter) the petitioners became the employees of the Municipal Board, Rani. By order Annex.1 dated 08.05.1989 issued by the State Govt. addressed to the Administrator/Chairman/ Executive Officer/ Commissioner of all the Municipalities of the State, it was directed that the State Govt. has decided in respect of the Gram Panchayats which have 2 been converted to Municipal Board, the employees who have been appointed by the panchayat be absorbed as per their qualification and eligibility on Staffing Pattern against the vacant posts. However, the Gram Panchayat, Rani on being converted to Municipal Board, Rani, the petitioners herein apprehending that their services could be terminated on such conversion, filed a writ petition before this Court being S.B.Civil Writ Petition No. 1504/1994. In the said writ petition, interim order dated 24.03.1994 came to be passed by this Court restraining the respondents from terminating the services of the petitioners therein. During the pendency of the writ petition, the respondent Board passed a Resolution on 26.11.1994 (Annex.2) for absorption of the employees of the Gram Panchayat, Rani in the services of the respondent Board and in pursuance of Anex.2 the State Govt. was approached by the Board for issuing necessary No Objection and administrative sanction. By Resolution Annex.3 dated 26.05.1995 the respondent Board resolved to appoint the petitioners. By order Annex.4 dated 09.06.1995, the Executive Officer of the respondent Board issued the order appointing the petitioners on the various posts. By communication Annex.5 dated 16.08.1996, the Chairman/ Executive Officer of the respondent Board approached to the Deputy Secretary, Local Self Govt. Department for according administrative sanction in respect of the persons who have been appointed on converting the Gram Panchayat to Municipal Board. A reminder was also sent to the respondent State Govt. vide 3 Annex.6. In pursuance thereof, the respondent State inquired from the respondent Board regarding the sanctioned posts for the Budgeting Year 1996-97 and the economic condition of the Board vide Annex.7. The respondent Board vide Annex.8 informed the State Government regarding the sanctioned posts as also informed about the economic condition of the Board being sound. However, by order Annex.9, the Executive Officer of the respondent Board again requested for according sanction of the posts. By order Annex.10, the Executive Officer of the respondent Board asked the petitioners to withdraw the writ petition filed by them stating therein that in the meeting of the Board held on 26.05.1995 by Resolution No.2 dated 01.06.1995 the petitioners have been given the regular pay scale on the condition that they would withdraw the writ petition. In pursuance thereof, the petitioners withdrew the writ petition. A similar communication was addressed to all the petitioners by Annex.11 by the Executive Officer of the respondent Board serving a notice of 15 days for withdrawing the said writ petition else they will be placed in the original position and that being the position, the petitioners withdrew the writ petition on 17.04.1996 as they were communicated having given regular pay scale and were requested to withdraw the writ petition. Thereafter, by order impugned Annex.12 dated 28.03.1997, the Resolution passed by the Board dated 26.05.1995 and the order dated 09.06.1995 appointing the petitioners came to be cancelled. Hence this writ petition. 4 A reply to the writ petition has been filed by the respondent Board. In para 5 of the reply to the writ petition, the respondent Board came with a case that vide notification dated 22.08.1991, the Municipal Board, Rani was converted into Gram Panchayat, Rani and thereafter vide order dated 9.12.1992 the Gram Panchayat, Rani was converted into Municipal Board, Rani. However, against the order dated 9.12.1992, a writ petition was filed before this Court in which an interim order was passed staying the operation of the order dated 09.12.1992 whereby Gram Panchayat, Rani was converted into Municipal Board, Rani and the interim order was vacated by this Court on 6.8.1993 and thereafter the present Municipal Board, Rani came into existence with effect from 27.9.1993. Thus, it is undisputed fact that the Gram Panchayat, Rani has been converted into Municipal Board, Rani and the employees of the Gram Panchayat, Rani have been working with the Municipal Board, Rani since its conversion. By interim order dated 09.04.1997, the operation of the order impugned Annex.12 dated 28.03.1997 came to be stayed and in pursuance thereof the petitioners have been working with the respondent Board. However, the petitioner No.1 Manohar Singh is said to have been absorbed as Gram Sevak by order Annex.14 dated 18.08.2001 on abolition of the Octroi at various Municipalities of the State Govt. and during the pendency of the writ petition, learned counsel for the petitioners submits that the petitioner No.5 Inder Singh has expired. I have heard learned counsel for the parties. 5 It is contended by learned counsel for the petitioners that undisputedly the petitioners were the employees of the Gram Panchayat, Rani and on Gram Panchayat Rani being converted into Municipal Board, Rani, they have been working with the Municipal Board, Rani. It appears from the orders that conversion from Gram Panchayat, Rani to Municipal Board, Rani, at one point of time was withdrawn by the State Government and it was by another order again Gram Panchayat, Rani was converted into Municipal Board, Rani in the year 1993. Be that as it may, right from 1991, the petitioners have been working with the respondent Board on the Gram Panchayat having been converted into Municipal Board. They have been appointed by the orders of the Executive Officer. At various stages as noticed above, the respondent Board resolved to appoint the employees of the Gram Panchayat as employees of the Board. Even in Annex.1 dated 08.05.1989, the State Government directed all the Chairman/ Administrator/ Executive Officer/ Commissioner of the Municipalities of the State that on conversion of Gram Panchayat to Municipal Board, the employees who have been working with the Gram Panchayat have to be absorbed on Staffing Pattern against the vacant posts of the Board according to their qualification and eligibility. In the instant case, the eligibility of any of the petitioner has not been questioned by the respondent Board. By order Annex.4 dated 9.6.1995 the petitioners have been appointed by the Board. Keeping in view the various documents annexed with the writ petition and as 6 noticed above, it is clear that the Board has accepted the petitioners on conversion of the Gram Panchayat to Municipal Board as their employees and even when the petitioners apprehending their termination of services on conversion of the Gram Panchayat to Municipal board, approached this Court by way of filing writ petition and interim order restraining the Board from terminating their services was passed and thereafter it was the State Govt. and the respondent Board directed the petitioners to withdraw the writ petition on having been given the regular pay scale and the Board also approached to the respondent State for according the administrative sanction for the posts which were held by the petitioners in Gram Panchayat and thereafter with the Board and after making the petitioners to withdraw the writ petition in which the interim order was operating, by order Annex.10 dated 1.2.1996 and Annex.11 dated 26.4.96, the petitioners withdrew the earlier writ petition since they were given the regular pay scale by the respondent and thereafter abruptly the State passed the order Annex.12. In my view, the order Annex.12 cannot sustain and is liable to be quashed for the reason that it was the State who has decided vide Annex.1 to absorb the employees of the Gram Panchayats on having been converted to the Municipal Board throughout the State of Rajasthan, in such a situation, the employees who have served number of years to the Gram Panchayat and thereafter with the respondent Board at least from 1991 for about more than 17 years now at this stage cannot be rendered jobless. In 7 the circumstances, therefore, the writ petition deserves to be allowed. Consequently, the writ petition is allowed. The order Annex.12 dated 28.03.1997 is hereby quashed. Since the petitioner No.5 Inder Singh has expired, therefore, his legal representatives will be entitled for the benefits accruing on his death. There shall be no order as to costs. (H.R.PANWAR), J. rp 8 S.B.CIVIL MISC. STAY PETITION NO. 1285/1997 IN S.B.CIVIL WRIT PETITION NO. 1523/1997 Date of Order : 07/01/2009 HON'BLE MR. H.R.PANWAR, J. Mr. Dipesh Beniwal on behalf of Mr. M.S.Singhvi for the petitioner. Mr. Kailash Joshi and Mr. Manoj Bohra for respondent Board. Mrs. Pratishtha Dave, Dy. Govt. Counsel for respondent State. Since the writ petition itself has been allowed, the stay petition also stands disposed of. (H.R.PANWAR), J. rp