Court Rules Panchayat Employees Are Not Government Servants and Lack Statutory Pension Rights
In a significant ruling, the Chhattisgarh High Court dismissed a series of writ petitions filed by retired Panchayat employees seeking pension benefits. The court, under Justice Bibhu Datta Guru, determined that these employees are not entitled to pensions due to the absence of statutory provisions or a pension scheme applicable to their service.
The petitions, led by Urmila Panigrahi against the State of Chhattisgarh, argued that under Section 131 of the Chhattisgarh Panchayat Raj Adhiniyam, 1993, their pensionary benefits should be protected as they were appointed before the act's commencement. The petitioners also highlighted instances where employees from certain Panchayats received pensions, arguing for equal treatment.
However, the court clarified that Panchayat employees are not considered government servants and are thus excluded from the Chhattisgarh Civil Services (Pension) Rules, 1976. Justice Guru emphasized that the 1993 Act's Section 131 is merely a saving clause and does not establish new pensionary rights. The court also noted that any pension payments by specific Panchayats were made from locally created funds, lacking statutory backing.
The judgment further reiterated that judicial review cannot extend to directing legislative changes or the creation of new policies, underscoring the separation of powers. The court concluded that the petitioners did not establish a statutory right to pension and dismissed all related writ petitions.
Bottom Line :
Panchayat employees are not Government servants and, in absence of any statutory provision or pension scheme, they cannot claim pension as a matter of right; Section 131 of the Chhattisgarh Panchayat Raj Adhiniyam, 1993 is only a saving provision and does not create a fresh pensionary entitlement. Payment of pension by some Janpad Panchayats from locally created funds cannot confer parity or enforceable right.
Statutory provision(s): Chhattisgarh Panchayat Raj Adhiniyam, 1993 Section 131, Chhattisgarh Civil Services (Pension) Rules, 1976 Rule 2, Constitution of India, Article 226, Article 300-A.
Urmila Panigrahi v. State of Chhattisgarh, (Chhattisgarh) : Law Finder Doc id # 2990832
