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Judgment
Pranab Kumar Chattopadhyay, J.—The existing "Jeebika Sebaks" of different Gram Panchayats under Mograhat-I Panchayat Samity filed this appeal assailing the judgment and order dated 18th February, 2011 passed by a learned Judge of this Court whereby and whereunder the said learned Judge was pleased to dispose of the writ petition on merits upon setting aside the panel dated 8th March, 2010 prepared for the aforesaid posts of "Jeebika Sebaks" in respect of different gram panchayats under the aforesaid Mograhat-I Panchayat Samity.
It has been submitted on behalf of the Appellants that the selection to the post of "Jeebika Sebaks" was made in compliance with the order dated 4th June, 2009 issued by Panchayats and Rural Development Department, Government of West Bengal.
The learned Advocate representing the Respondent/writ Petitioner, however, submits that the said writ Petitioner should have been appointed to the post of "Jeebika Sebak" in the Ektara Gram Panchayat since the said writ Petitioner was the best available candidate from the Ektara Gram Panchayat as per select list.
The learned Advocate representing the writ Petitioner further submits that an outsider cannot be appointed as "Jeebika Sebak" in respect of the Ektara Gram Panchayat when the name of the local resident namely, the writ Petitioner was mentioned in the select list prepared by the competent authority. The learned Advocate representing the Appellants, however, submits that the writ Petitioner was assigned 17th position in the select list and the competent authority appointed first eleven candidates from the select list as "Jeebika Sebaks" in respect of Mograhat-I Panchayat Samity.
The learned Advocate of the Appellants further submits that the writ Petitioner herein cannot be selected to the post of "Jeebika Sebak" in the Ektara Gram Panchayat superseding any candidate whose position admittedly higher in the merit list prepared by the competent authority.
Mr. Roy, learned Advocate representing the Respondent/writ Petitioner submits that the candidates from other gram panchayats cannot be engaged as "Jeebika Sebaks" in the Ektara Gram Panchayat superseding the claim of the writ Petitioner who is undisputedly a resident of the said Ektara Gram Panchayat.
Mr. Roy further submits that if no application is received from a particular gram panchayat due to non-availability of the eligible candidates, then the candidates from other gram panchayats can be engaged from that gram panchayats.
On examination of the order dated 4th June, 2009 issued by the Panchayats and Rural Development Department, Government of West Bengal, we find that the selection of the candidates should be made by the Executive Officer of the panchayat samity on the basis of the position of the candidates in the merit list.
The relevant extracts from the aforesaid order dated 4th June, 2010 are set out hereunder:
The applicant should have been passed HigherSecondary with Agriculture as a subject. He should be a resident preferably of the Gram Panchayat, if not should resident least withinthe block, in which the Gram Panchayat is situated. Upper age limit for the candidate will be 35 years.
Gram Panchayats will obtain applications from eligible candidates through wide publicity and forward the same to the Executive Officer of the Panchayat Samity concerned. All such listswill be compiled in order to form a single list. The merit list will beprepared by the Executive Officer of the Panchayat Samity strictly onthe basis of total marks obtained in Higher Secondary Examination only for the candidates having Agriculture as a subject in the HigherSecondary Examination.
It has been urged on behalf of the Respondent/writ Petitioner that since the applications have been received from the Ektara Gram Panchayat and the Respondent/writ Petitioner has been adjudged as the best candidate from the applicants of the said gram panchayat, the concerned authority should have engaged the writ Petitioner to the post of "Jeebika Sebak" under the said Ektara Gram Panchayat. We are, however, unable to accept the aforesaid contentions of the Respondent/writ Petitioner.
In Clause 2 and 4 of the aforesaid order dated 4th June, 2009, it has been specifically mentioned that the selection of the candidates will be made by the Executive Officer of the Panchayat Samity on the basis of the position of the candidates in the merit list.
In the present case, the Executive Officer of the Panchayat Samity concerned has selected the candidates strictly on the basis of the position in the merit list.
It can not be said in this case that no application was received from Ektara Gram Panchayat due to the non-availability of the candidates. As a matter of fact the Respondent/writ Petitioner and another candidate from the aforesaid Ektara Gram Panchayat had applied for the said post of "Jeebika Sebak".
In terms of the aforesaid order dated 4th June, 2009, therefore, the said writ Petitioner has no right to supersede any candidate whose position is admittedly higher in the merit list.
Mr. Jaharlal De, learned Advocate representing the State-Respondents invited our attention to the subsequent Clarificatory Memo dated 8th December, 2009 issued by the Principal Secretary, Government of West Bengal. The relevant extracts from the aforesaid Clarificatory Memo are set out hereunder:
Government of West Bengal
Panchayat and Rural Development Department
Jessop Building, 63, Netaji Subhas Road
1st Floor, Kolkata-700 001
No. 8053-RD/CCA/BRGF/5M-1/2007
Date:08.12.09
From: Dr. M.N. Roy
Principal Secretary to the Government of West Bengal
To: District Magistrate
Purulia
Sir,
With reference to letter No. 215/DE/PZP dated 27.10.2009 of the Additional Executive Officer, Purulia Zilla Parishad, seeking some clarifications with regard to engagement of Jeebika Sebaks at the Gram Panchayats, I am to inform you that:
A single merit list prepared by the Executive Officer of the Panchayat Samity as communicated vide this Department order No. 3562-RD/CCA/BRGF/5M- 1/2007 dated 04.06.2009 read with order No. 4639 RD/CCA/BRGF/5M-1/2007 dated 20.07.2009 will only be used for selection of Jeebika Sebaks.
2 Candidates passing Vocational Course (X+2 level) from the West BengalStateCouncil of Vocational Education and Training and candidates of WestBengal Council of Higher Secondary Education will be treated at par forpreparation of the merit list.
3 In cases where grades are awarded in place of marks in the Mark Sheet of Higher Secondary examination, the individual marks shown against each ofthe subjects should be ascertained and aggregated for calculation of percentage of marks obtained.
4 In case of equality of marks between candidates in the Higher SecondaryExamination as well as in the Secondary (Madhyamik )Examination, the candidate who is senior in terms of age will be given preference.
The provisions of the previous orders in this regard circulated by this departmentno. 3562-RD/CCA/BRGF/5M-1/2007 dated 04.06.2009 and 4639-RD/CCA/BRGF/5M-1/2007dated 20.07.2009 stand modified accordingly.
Yours faithfully
(M.N. Roy)
Principal Secretary
Considering the Memo dated 4th June, 2009 issued by the Principal Secretary, Panchayats and Rural Development Department, Government of West Bengal and the subsequent clarificatory Memo dated 8th December, 2009, we are of the opinion that the Executive Officer of the Panchayat Samity should prepare a single merit list for filling up the post of "Jeebika Sebak" in respect of different Gram Panchayats and engagement of Jeebika Sebaks should also be recommended by Executive Officer of the Panchayat Samity for a Gram Panchayat on the basis of the position of the candidates in the merit list.
In the present case, Executive Officer of the Mograhat-I Panchayat Samity recommended first eleven candidates from the merit list for appointment to the post of "Jeebika Sebak" in eleven Gram Panchayats. The Respondent/writ Petitioner since secured 17th position in the merit list cannot be appointed to the post of "Jeebika Sebak" in the Ektara Gram Panchayat superseding a candidate who has admittedly secured higher position in the merit list than the Respondent/writ Petitioner.
The Principal Secretary by the order dated 4th June, 2009 and the subsequent clarificatory order dated 8th December, 2009 made it clear that a single merit list has to be prepared by the Executive Officer of the Panchayat Samity and selection of the candidates will be made on the basis of the position of the candidates in the said merit list which the Executive Officer of Mograhat-I Panchayat Samity complied with.
For the aforementioned reasons, we are unable to interfere with the selection made by the Executive Officer, Mograhat-I Panchayat Samity since the said Executive Officer prepared a single merit list and recommended the candidates for engagement to the post of "Jeebika Sebaks" on the basis of the position in the merit list.
In the aforesaid circumstances, the impugned judgment and order under appeal passed by the learned Single Judge cannot be sustained and the same is accordingly set aside and this application being C.A.N. 3371 of 2011 as well as the appeal being M.A.T. 436 of 2011 therefore, stand allowed treating the said appeal as on day''s list.
It has been submitted on behalf of the Appellants that the salary and allowances of the Appellants have not yet been released since April 2011.
We find no reason why the Respondent authorities did not disburse the due salaries and allowances to the Appellants herein so long. We therefore, direct the concerned authorities to disburse the arrear salaries and allowances of the Appellants without any delay upon taking note of this order. In the facts of the present case, there will, however, be no order as to costs. Urgent xerox certified copy of this order, if applied for, be supplied to the parties as early as possible.
In Re: M.A.T. 403 of 2011
With
C.A.N. 3076 of 2011
For the identical reasons, other connected appeal being M.A.T. 403 of 2011 as well as the stay application being C.A.N. 3076 of 2011 filed in connection with this appeal stand allowed since the said appeal has been preferred assailing the same judgment and order dated 18th February, 2011 passed by the learned Single Judge in W.P. No. 18961(W) of 2010.
There will, however, be no order as to costs.
Urgent xerox certified copy of this order, if applied for, be supplied to the parties as early as possible.