STATE OF KARNATAKA AND ORS.versusP.M. BHASKARA GOWDA AND ORS.

                    STATE OF KARNATAKA AND ORS.                                      A
                                         v.
                    P.M. BHASKARA GOWDA AND ORS.

                             NOVEMBER 6, 2003

                   [V.N. KHARE, CJ. AND S.B. SINHA, J.]                              B


        Karnataka Village Officers' Abolition Act, 1961 :

      Gram Sahayaks-Claim for regularization-Hereditary office of Gram
Sahayaks abolished-Existing Gram Sahayaks appointed on compassionate                 C
ground as Sahayak Lekhpa/ and allowed to continue on ad-hoc basis-Claim
for regularization of services and payment of salary as group D emp/oyees-
Held, validity ofthe Act having been upheld and no appointment on hereditary
basis could be made, no order for regularization of their services could be
passed in favour of claimants-State in exercise ofjurisdiction under proviso         D
to Article 309 ofthe Constitution entitled to make rules laying down terms and
conditions of the service.

     Gazu/a Dasaratha Rama Rao v. The State ofAndhra Pradesh and Ors.,
(1961) 2 SCR 931 and B.R. Shankaranarayana and Ors. v. State of Mysore,
AIR (1966) SC 1571, relied on.                                                       E
        CIVIL APPELLATE JURISDICTION : Civil Appeal No. 4559-4562 of
1998.

    From the Judgment and Order dated 5.12.96 of the Karnataka
Administrative Tribunal at Bangalore in Application No. 6233-36 of 1995.             F
     P.P. Rao, Sanjay R. Hegde, Anil K. Mishra and Balaji Iyer for the
Appellants.

      R.S. Hedge, Chandra Prakash, Ms. Savitri Pandey, P. Devesh, S.N.
Bhat, D.P. Chaturvedi, P. R. Ramasesh, Ms. Vandana Jalan and P.P. Singh              G
for the Respondents.

        The following Order of the Court was delivered :

        In the State of Kamataka there existed several hereditary village offices,   H
                                       347
    348                     SUPREME COURT REPORTS [2003] SUPP. 5 S.C.R.

A namely, Patel, Patwari and Gramsahayaks prior to 1961. In the year 1961, the
    Kamataka Legislature passed an Act known as Kamataka Village Officers's
    Abolition Act, 1961 (hereinafter referred to as, 'the Act') in terms whereof
    all the hereditary offices at village level were abolished. However, the holders
    of such offices were allowed to continue on ad-hoc basis on compassionate
B   ground. Subsequently a circular was issued providing for compassionate
    appointment of children of Gramsahayaks who hold earlier hereditary offices
    on November 1, 1991 and died in harness.

          It appears that the respondents herein were appointed as Gramsahayaks
    in pursuance of the Government order permitting the hereditary offices to
C   continue on ad-hoc basis. It is not disputed that respondents were appointed
    as Sahayak Lekhpal between 1979 to 1983. Alleged on the ground that what
    were paid to them as salary was very meagre; they filed an original application
    before the Karnataka Administrative Tribunal at Bangalore praying therein to
    pay unto them salary which was being paid to other Group D employees and
    further to regularise their services as Group D employees with all consequential
D   benefits. The Kamataka Administrative Tribunal by order dated December 5,
    1996 partly allowed the said petition directing the State of Kamataka, the
    appellant herein, to pay a sum of Rs. 900 per month till the appellant came
    out with proper scheme laying down the conditions of service of the
    Gramsahayaks. It is against the said judgment of the Tribunal, the appellant
E   is in appeal before us by means of this special leave petition.

          Shri P.P. Rao, the learned senior counsel appearing for the appellant,
    urged that since the respondents herein were appointed being the childre.1 of
    holders of hereditary office on ad-hoc basis, the Tribunal committed an error
    in directing the appellant to frame recruitment rules for them. We find
F   substance in the argument.

          In Gazula Dasaratha Rama Rao v. The State of Andhra Pradesh &
    Ors., [1961] 2 SCR 931, the abolition of the Madras Hereditary Village-
    Offices Act, 1895 was challenged as being void insofar as it infringes the
G   fundamental rights enshrined in Articles 14 and 16 of the Constitution. This
    Court was of the view that if there is a custom which has been recognized
    by Jaw as regard any hereditary village office, the same must yield to a
    fundamental right contained in Part III of the Constitution of India. It was
    also found that the hereditary village office under the State and Article 16 in
    tum applies and therefore any appointment pursuant to such custom could be
H   ultra vires. The validity of the said Act was, thus, upheld.
                             STATE v. P.M.B.GOWDA                              349
          In B.R. Shankaranarayana and Ors. v. State of Mysore AIR, [1966) SC          A
· · 1571, the validity of Mysore Village Office Abolition Act, 1961 came to be
    questioned wherein this Court held that in view of the declaration of law,
    there can be no hereditary village office in the State of Karnataka and no
    such appointment could be made.

        The appointment of respondents herein has its own history. The                 B
  Gramsahayaks are in the lowest in the hereditary office which was abolished
  in the year 1961. However, the State taking a compassionate view pennitted
  the hereditary office holders to continue in the post on ad-hoc basis without
  any hereditary rights. It appears that the aforesaid decision was taken in view
  of the administrative convenience and administrative exigencies. The                 C
  appointees were adjusted against the temporarily created posts. The tenns
  and conditions and method of recruitment was provided by the Government
  order which runs as under:

          ''I. Method of recruitment: The Tahsildar of a Revenue Taluk, subject
          to general orders of the District may appoint a Gramsahayak on a             D
          temporary basis for a period not exceeding five years from among,
          persons who were traditionally discharging the duties of the inferior
          village officers, who have not attained the age of 65 years, preference
          being given to persons who are literate.

         2. Remuneration: The Gramsahayaks shall be paid a fixed remuneration          E
         of Rs. I 00 per month.

          3. Duties of Gramsahayaks: The Gramsahayaks shall :

         (a)   help the village accountants in collecting Government revenues;

         (b) escort remittances of money to the Treasuries.                            F
         (c)   Report births, deaths and other occurrences in the village to village
               accountants.

         (d) summon villagers to the village chavadi or any public place in
             the village in connection with Government work.                           G
         (e)   accompany the village accountant and other officers during field
               inspections.                    •
         (t)   carry village tappals and records from the village to Taluk office
               and vice-versa.
                                                                                       H
    350                      SUPREME COURT REPORTS (2003) SUPP. 5 S.C.R.

A          (g) assist the village accountant and other officers of Government
               when on tour in the village in the perfonnance of their duties;
               and
           (h) do such other duties relating to Government work as exigencies
               of administration may demand, under the direction of village
B              accountant or officers superior to him."
          Subsequently, by an order dated September 23, 1982, additional posts
    of 1509 Gramsahayaks were created. As on date there are 10450 posts of
    Gramsahayaks in the State of Kamataka. Initially, the appointees were paid
    Rs. I00 per month towards remuneration and subsequently it was enhanced
C   to Rs. 120 and then to Rs. 150 per month thereafter Rs. 600 now they being
    paid Rs. I000 per month.

         Although they were appointed on contract basis for a period of five
  years, they are still continuing. In view of the fact that the validity of the
  Karnataka Village Abolition Act has been upheld by this Court and no
D appointment on hereditary basis could be made, we are of the view that no
  order for regularisation of services could be passed in their favour. As a
  logical corollary, no scheme for regularisation of services could be framed.
  However, since the Tribunal directed the appellant to pay a sum of Rs. 900
  per month till the Government come out with the scheme and as the
E respondents are being paid Rs. I000 we are not inclined to interfere with that
  part of order under challenge. The State in exercise of jurisdiction under the
  proviso appended to Article 309 of the Constitution of India is entitled to
  make Rules laying down the tenns and conditions of service. The appellants
  state that the job of Gramsahayaks and other village officers are seasonal and
F part-time. They are entitled to carry on their other job including the cultivation
  work. It was contended that the State intends to frame Rules having regard
  to the requirements for such number of posts as may be necessary for collection
  of the revenue. They undoubtedly have such a power. With the aforesaid
  observation, these appeals stand disposed of.

G         The learned counsel appearing for the respondents urged that since the
    respondents have been serving for a long time, some observations may be
    made for their regularization. We are of the view that no such observations
    can be made in view of the fatt that despite abolition of such posts they have
    been appointed and continued in service. Therefore, we are not disposed to
    entertain this argument.
H
    R.P.                                                      Appeals disposed of.