1 S.B.CIVIL WRIT PETITION NO.1179/2007 Bhagirath Vs. State of Rajasthan & Ors. Date of Order :: 17.4.2008 HON'BLE MR. JUSTICE GOVIND MATHUR Mr. G.R. Goyal, for the petitioner. Mr. Alkesh Aggarwal, for the respondents. ... By this petition for writ a direction is sought for respondents to absorb the petitioner as Gram Sewak from the date the octroi staff of various municipal boards in the State of Rajasthan was absorbed in the services of Panchayatraj Institutions. By an order dated 7.11.1997 passed by the Sarpanch, Gram Panchayat- 9PSD employed the petitioner on daily rate basis for collection of octroi at Check Post No.1. The check post was closed due to the decision of the Government of Rajasthan to stop the collection of octroi w.e.f. 1.8.1998. A decision was also taken by the Government of Rajasthan on 28.2.2000 to absorb the staff employed at octroi posts with Panchayatraj Institutions as Gram Sewaks. As per the petitioner he too was working on an octroi post, but no absorption of his service was made by the respondents. Hence, this petition for writ is preferred. In response to the claim made by the petitioner the stand of the respondents is that the petitioner was never employed on octroi post by 2 them. The Gram Panchayat might have employed him on daily rate basis but that is not party to the proceedings. It is also stated in reply that the absorption as per decision of the Government of Rajasthan was to be made of the employees working on regular basis and even if whatever stated by the petitioner is accepted, he was working on daily rate basis as a consequent to an order passed by the Sarpanch of the Gram Panchayat concerned, therefore, was not entitled to be absorbed as Gram Sewak. Heard learned counsel for the parties. The petitioner is claiming absorption on the post of Gram Sewak in pursuant to the order dated 28.2.2000 passed by the Director cum Special Secretary to the Government of Rajasthan, Department of Panchayatraj. The order aforesaid relates to absorption of the employees who were declared surplus on abolition of octroi. The petitioner was never declared surplus being not a regular employee of the Gram Panchayat, as such, his claim for absorption is absolutely ill-founded. The petition for writ, therefore, is having no merit, and thus, deserves to be rejected. Accordingly, the same is dismissed. (GOVIND MATHUR), J. Jgoyal