RATILAL B. SONI & ORS.versusSTATE OF GUJARAT & ORS.

                         RATILAL B. SONI & ORS.
A
                                   v.
                        STATE OF GUJARAT & ORS.

                             FEBRUARY 16, 1990

B              [KULDIP SINGH AND V. RAMASWAMI, JJ.]

            Gujarat Panchayats Act, 1961: Section 206A(2)-Panchayat
     Service-Employees-Deputation to State Service-Does not confer a
     right to be absorbed on the deputation-post.

           The appellants belonging to the Revenue Department of Gujarat
c    State were allocated to the Panchayat Service when the Gujarat
     Panchayats Act, 1961 came into force and their allocation became final
     under section 206A(2) of the Act. Thereafter they went on deputation as
     Circle Inspectors in the State service but were later reverted back to
     their parent cadre in the Panchayat Service.
D
          The appellants challenged their reversion before the High Court
     which dismissed the petition. Hence this appeal.

           Dismissing the appeal, this Court,

E          HELD: L It is clear from section 206A(2) of the Gujarat
     Panchayats Act, 196 l that a Panchayat servant who is not reallocated
     within a period of four years from the coming into force of the Act
     would be deemed to be finally allocated to the Panchayat Service. The
     High Court has held that the appellants have not been able to show that
     they made any such options before the specified date. Even ifthe appel-
F    Jani gave some sort of option the same having not been accepted before
     the expiry of specitied date, the appellants stood finally allocated to the
     Panchayat Service. [416B-CJ

           2. The appellants being on deputation they could be reverted to
     their parent cadre at any time and they do not get al)y right to be
G    absorbed on the deputation-post. There is no infirmity in the judgment
     of the High Court. [416D]

           CIVIL APPELLATE JURISDICTION: Civil Appeal No. 1012
     of 1987.

if         From the Judgment and Order dated 24.9.86 of the Gujarat High

                                        414 •
         R.B. SONI v. STATE OF GUJARAT [KULDIP SINGH, l.J           415

Court in B.L.P.A. No. 259of1986.
                                                                           A
      B. Datta, P.H. Parekh and Ms. Shalini Soni for the Appellants.

      T.U. Mehta and M,N. Shroff for the Respondents.

      The Judgment of the Court was delivered by                           B

       Kt;LDIP SINGH, J. The appellants are in the cadre of Talatis-
cum-Mantries (Patwaries) in the Panchayat Service of the State of
Gujarat. In the year 1982/83 they were sent on dep~tation to the
higher cadre of Circle Inspectors in the State service. The question for
consideration is whether in the facts of this case the appellants have a   C
right to be absorbed in the cadre of Circle Inspectors.

      The appellants were originally appointed as Talatis in the
Revenue Department of the State of Gujarat. Under the Gujarat
Panchayat Act (hereinafter called 'the Act') which came into force
with effect from April 1, 1963, Panchayat Service was constituted and . D
under the Act all the posts of Talatis along with the incumbents stood
transferred to the Panchayat Service. On that date there was a cadre of
Circle Inspectors in the State Service which was bifurcated and 50% of
the posts continued in the State Service and the remaining 50% were
transferred _to the Panchayat Service. The appellants were sent on
deputation as Circle Inspectors in the State Cadre. In January 1986 E
qualified officials became available for promotion to the post of Circle
Inspectors in the State cadre and as such the appellants were reverted
to their parent cadre. of Talatis in the Panchayat service. The appel-
lants challenged the reversion by way of writ petition in the Gujarat
High Court primarily on the ground that their options for absorption
in the State Service were pending with the State Government which F
the State was bound to decide in their favour. The High Court dismis-
sed the writ petition holding that there was nothing on the record to
show that the appellants gave any option to be absorbed in the State
cadre. The High Court also found that they, being on deputation, have
no legal right to be absorbed in the State Service. This appeal by
special leave is against the judgment of the High Court.                 G

      We have heard learned counsel for the parties. The State by a
circular dated February 8, 1965 asked the Talatis among others to give
their options as to whether they want to remain ·in the Panchayat
Service or to be re-allocated to the State Service. Section 206A(2) of
the Act is as under:                                                       H
    416                   SUPREME COURT REPORTS            [1990] 1 S.C.R.

A                    "Any officer or servant who is not reallocated under
               sub-section (1) and continues in the Panchayat Service
               immediately before the expiry of the aforesaid period of
               four years, shall on such expiry, be deemed to be finally
               allocated to the Panchayat Service."
B         It is clear from the above quoted provision that a Panchayat
    servant who is not reallocated within a period of four years from April
    1, 1963 would be deemed to be finally allocated to the Panchayat
    Service. The High Court has held that the appellants have not been
    able to show that they made any such options before March 31, 1967.
    Even if it is assumed that the appellants gave some sort of option the
c   same having not been accepted before March 31, 1967, the appellants
    stood finally allocated to the Panchayat Service.

          The appellants being on deputation they could be reverted to
    their parent cadre at any time and they do not get any right to be
    absorbed on the deputation-post. We see no infirmity in the judgment
D   of the High Court and as such we dismiss the appeal. There shall be no
    order as to costs.

    T.N.A.                                              Appeal dismissed.