Full Judgment
1 W.P.No.15932/2013 27.09.2013 Smt.
Sudha Gautam, learned counsel for the petitioner.
Shri Vivek Agrawal, learned Dy.
Advocate General for respondents, on advance copy.
The petitioner, a Panchayat Secretary and Panchayat Karmi of Gram Panchayat Malka, Janpad Panchayat Nowgong, District Chhatarpur, has approached this Court by way of filing this writ petition under Article 226 of the Constitution of India, seeking a direction against the respondents to command them to grant the benefit of appointment to the petitioner as Panchayat Secretary with retrospective effect and to pay the salary of the said post to him.
It is contended by the petitioner that an advertisement was issued by the Gram Panchayat Malka, Block Nowgong, District Chhatarpur on 10.8.2007 for appointment of a Panchayat Karmi for the purposes of notifying the said Panchayat Karmi as Secretary of the Gram Panchayat concerned.
The petitioner submitted the application along with other candidates.
In fact, 14 candidates have submitted their applications which were scrutinised and when the select list was prepared, the name of one Indresh Kumar Pathak was shown at Serial No.1 and the petitioner was shown at Serial No.2 of the select list.
Pursuance to the selection, an order was issued in respect of said Indresh Kumar Pathak, but said Indresh Kumar Pathak did not join on the post.
In fact, said Indresh Kumar Pathak was already appointed on the post of Engineer somewhere else and was not willing to join on the post of Panchayat Karmi or Panchayat Secretary.
Since the petitioner was at Serial No.2 of the select list in fact, he should have been appointed on the post.
However, no action was taken despite 2 W.P.No.15932/2013 the fact that intimation in this respect was sent by Chief Executive Officer of Janpad Panchayat to the Sarpanch of the Gram Panchayat.
It is the contention of the petitioner that upon receipt of the information with respect to not joining on the post pursuance to order of appointment by Indresh Kumar Pathak, proceedings were initiated by the respondents and they verified the antecedents of the petitioner and the fact whether any office bearer of the Panchayat concerned was related to the petitioner or not.
After obtaining these information, the report was sent to the Zila Panchayat Chhatarpur, but for a long time no action was taken by the respondents in that respect.
There was some mischief played by the Sarpanch of the Gram Panchayat, who issued an order of appointment in respect of one Ku.
Savita Devi though her name was mentioned at Serial No.3 of the select list.
Said Ku.
Savita Devi was also not interested to join on the post and she gave in writing in that respect, but again the proceedings were not done.
Since the petitioner was left with no option, he filed an appeal before the Sub Divisional Officer Nowgong, challenging the order of appointment of said Ku.
Savita Devi, who ultimately decided the appeal of the petitioner on 25.5.2011 and set aside the order of appointment of said Ku.
Savita Devi.
Though Ku.
Savita Devi was not interested to join on the post, but when an order of cancelling her appointment was passed by the Sub Divisional Officer, she challenged the said order passed in appeal of the petitioner before the Collector Chhatarpur by filing a revision which ultimately was dismissed on 29.11.2011, and ultimately, the petitioner was appointed vide order dated 26.12.2011.
After joining of the petitioner on the said post, the petitioner has 3 W.P.No.15932/2013 been notified as Secretary of the Gram Panchayat on 16.1.2012 and is working continuously.
In view of these submissions the claim is made to the extent that since the petitioner was harassed, was not given the appointment because of the lapses on the part of respondents, he will have to be treated as appointed with effect from the year 2007 and he should be paid the wages for all such period and his seniority is also to be fixed from the date when initially the selection was done and order of appointment was issued in respect of Indresh Kumar Pathak in the year 2007.
Such a claim made by the petitioner is wholly misconceived; firstly because if no action was taken on the select list prepared by the respondents after refusal of the appointment by Indresh Kumar Pathak, and the said select list was to be treated as valid, the petitioner should have approached the Courts of law immediately.
He was sleeping over his right till he approached the Sub Divisional Officer by filing an appeal against the order of appointment of said Ku.
Savita Devi, therefore, it cannot be claimed that the petitioner is to be treated as appointed with effect from the year 2007.
There was only one post and, therefore, if the persons at Serial No.1 has refused to accept the appointment, the right accrued in favour of the petitioner immediately which should have been demanded within appropriate time.
Even otherwise in none of the orders passed either by the Sub Divisional Officer or by the Collector it is directed that any appointment be made in respect of petitioner with retrospective effect.
The Sub Divisional Officer has categorically directed that the order of appointment be issued in respect of the petitioner immediately that means with 4 W.P.No.15932/2013 prospective effect and not with retrospective effect.
The only thing was that since there was a dispute with respect to the claim of appointment on the strength of a select list, in accordance to the law laid down by the Apex Court, the validity of the select list was not to expire and it was treated to be remain operative.
Thus, the rightful benefit is granted to the petitioner and nothing more could be granted to him.
The order passed by the Sub Divisional Officer since was specific with respect to the appointment of petitioner with prospective effect if at all the petitioner was aggrieved by the said order, he was required to challenge the same which has not been done.
In view of this, the petitioner would not be entitled to any relief.
The writ petition fails and is hereby dismissed without notice to the other side.
(K.K.Trivedi) Judge.
A.Praj.