On January 21, 1974 he was promoted as a Head Clerk on an ad hoc basis.
The appellant was appointed as a clerk by the Loharu Panchayat Samiti in 1963, long before the Amending Act came into force on June 13, 1973.
Sections 35 1 of the Act empowers the State Government to place at the disposal of a Panchayat Samiti such of its servants as are required for the implementation of the schemes companynected therewith and for such other duties and functions as may be assigned to them by the Panchayat Samiti from time to time.
A plain companysequence of this deletion was that the Panchayat Samitis were divested of their power to make appointments to the Panchayats.
1433 of 1977 Appeal by Special leave from the Judgment and Order dated the 16th February, 1.977 of the Punjab and Haryana High Court in Civil Writ Petition No.
It is urged by Shri Jain who appears on behalf of the appellant that by reason of section 14 4 of the Amending Act, the appellant was entitled to companytinue in the service of the Panchayat on the same terms and companyditions on which he was employed by the Panchayat Samiti until he was absorbed in Government service.
Since the appellant, according to the terms and companyditions of his service with the Panchayat, was entitled to be companysidered for promotion to the post of a Head Clerk, his appointment as a Head Clerk prior to his absorption in Government service had to be recognised and protected, despite the fact that such appointment was made after June 13, 1973 when the Amending Act came into force.
Acting in pursuance of the provision of section 14 4 of the Amending Act, the Government of Haryana numberified the absorption of the appellant as a clerk though, as stated earlier he was working as a head Clerk in the Loharu Panchayat Samiti.
Section 13 of the Amending Act deleted section 33 of the Act.
The writ petition having been dismissed by the High Court, the appellant has filed this appeal by special leave.
On April 1, 1975, the appellant was appointed as a Head Clerk.
He was companyfirmed in that post in companyrse of time.
Being aggrieved by his absorption on a lower post, he filed a writ petition in the High Court of Punjab and Haryana, asking that he should be absorbed as a Head Clerk.
The Amending Act received the assent of the Governor on April 25, 1973 and was published in the Haryana Gazette on June 13, 1973.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The Punjab Panchayat Samitis, Zilla Parishads Haryana Amendment Act, 1973 introduced extensive amendments in the Act of 1961.
Section 33 of the Punjab Panchayat Samitis and Zilla Parishads Act 1961 The Act provided in so far as relevant, that subject to rules made by the Government, a Panchayat Samiti may employ such servants as it may companysider necessary for the efficient performance of the duties imposed upon it by the Act, rules or bye laws made thereunder or by.
D. Jain Mrs. Kawaljit Kocher for the Appellant.
Harbans Lal, I.S. Goel R.N. Poddar for the Respondent.
752 of 1977.
any other law for the time being in force.
The Judgment of the Court was delivered by CHANDRACHUD, CJ.
In pursuance of this power, the appellant was appointed as a clerk on June 1, 1963 by the Panchayat Samiti, Loharu, which is respondent 3 in this appeal.
On March 14, 1975 a resolution was passed by respondent 3 regularising the post of Head Clerk.
