P. Dayaratnam vs Kodavalivaripalem Gram Panchayat, Parchur Mandal, Prakasam Dist. and others

1.The petitioner who is working as a Turn Cock and operating the Protected Water Supply Scheme of Kodavalivaripalem Gram Panchayat filed this writ petition to continue his services in that capacity and to pay the minimum time scale of pay attached to the post when he was sought to be replaced by another person. This Court by order dated 30-12-1996 directed the Gram Panchayat to continue the petitioner as Turn Cock until further orders.

The facts leading to the filing of this case are the Protected Water Supply Scheme sanctioned to Kodavalivaripalem Gram Panchayat was launched in the year 1990 and pending creation of the post, the Gram Panchayat appointed the petitioner to operate the machines initially on daily wages thereafter on a consolidated pay of Rs. 500/- per month w.e.f. 15-10-1991. Thereafter, the Gram Panchayat was passing resolutions repeatedly seeking sanction of the post of Turn Cock and allow the Gram Panchayat to fill up the post on permanent basis and was sending to the District Officials, representations in that direction. In the representations that were sent, they also brought to the notice of the District Officials that a fee of Rs.25/- is being collected on each of the tap taken by the residents for supply of the water and as by 1996 the income derived by the Gram Panchayat under the scheme rose upto a lakh of rupees. But unfortunately, the District Panchayat Officer and his subordinates were sending back the proposals by stating that there is a ban on creation of the post without applying their mind that the Protected Water Supply Scheme cannot be operated without the required man power. With the result, the poor petitioner is working since 1990 without receiving any salary. In fact, on an objection taken by the departmental officials about the signing of the petitioner in the attendance register as there is no sanctioned post, the Gram Panchayat discontinued to show the name of the petitioner in the attendance register that he is working as Turn Cock. But at the same time, the petitioner gave a letter to the Gram Panchayat that till the post is sanctioned he will not claim any salary and he was allowed to work as Turn Cock by the Gram Panchayat. In the year 1995, after elections have taken place to the Gram Panchayat presumably there might be a change in the office of Sarpanch and the new incumbent wanted to appoint his own man by dispensing with the services of the petitioner. At that time, the petitioner filed this writ petition and obtained orders for continuance in the post in which he is working. The Executive Officer of the Gram Panchayat in the counter admitted this fact and the only reason for dispensing with the services of the petitioner given is non-sanction of posts by the Government. As the action of the Government officials is atrocious i.e., having sanctioned scheme at the cost of about five lakhs and in not sanctioning the required employees to operate the scheme, I directed the District Panchayat Officer to appear in the Court. The District Panchayat Officer simply stated that as there is a ban he could not sanction the post. When the Court questioned him why he has not brought this anomaly to the notice of the Government he has no answer. He only stated that the D.L.P.O. in his Proceedings SLN No. 469/96, dated 26-7-1996 on a representation by the Gram Panchayat in its proceedings No. Roc. 108/96, dated 12-7-1996 permitted the Gram Panchayat to engage a person to operate the machines on contract basis as there is a ban on creation of posts. But, unfortunately, even then the Executive Officer did not take any steps to pay any salary to the petitioner. With the result for the last eight years, the petitioner is working without causing any inconvenience either to the Gram Panchayat or to the residents who are availing the Protected Water Supply Scheme. From the material papers filed by the petitioner, it is seen that the Executive Officer of the Gram Panchayat in his proceedings dated 15-10-1991 agreed to pay a consolidated pay of Rs.500/-per month, under the hope that he can get the ratification orders from the District Panchayat Officer at a latter stage. But the District Panchayat did not seem to have acted on this proceeding. With the result even that amount was not paid.

Keeping the totality of the circumstances, I feel that the ends of justice will be met by giving the following directions:

(1) The incharge District Panchayat Officer who is present in the Court is directed to issue orders to the Gram Panchayat to pay at the rate of Rs. 500/- per month from the date of his initial appointment i.e. 15-7-1990 till June, 1998. If any formal proposal has to be obtained by the Gram Panchayat, he will do so and pass necessary orders within one week from today. The arrears under this head shall be paid by the Gram Panchayat within two weeks from the date of receipt of the orders from the District Panchayat Officer.

(2) He shall also give directions to pay the minimum time scale of pay attached to the post of Turn Cock form 1-7-1998 pending creation of the post and the petitioner is appointed on regular basis. The Gram Panchayat and the District Panchayat Officer shall forward the proposals duly explaining the urgent need for creation of the posts and also bringing to the notice of the Government the income that is being derived by the Gram Panchayat is sufficient to meet the salary payable to the petitioner. The Government on receipt of the proposal from the District Panchayat Officer shall pass orders creating the post of Turn Cock within four weeks from the date of receipt of the proposal and communicate the same to the Gram Panchayat for appointment of the petitioner on regular basis.

For the inaction shown by the Officers concerned, the District Panchayat Officer who retired and the District Panchayat Officer in office shall not draw the T.A. and D.A. for coming to the Court.

In the result, the writ petition is allowed. No costs.