Holding

The Gujarat Panchayat Service is a civil service of the State, its members are government servants, and the 1978 amendment is unconstitutional as it violates Articles 311 and 14 and cannot retrospectively remove vested rights.

Summary

The Gujarat Panchayat Act, 1961 created a distinct Panchayat Service for officers and servants of gram, taluka and district panchayats. After the High Court held that members of this service, including the local cadre, were government servants entitled to pay revisions and other benefits, the State of Gujarat appealed. While the appeal was pending, the Gujarat Panchayat (Third Amendment) Act, 1978 was enacted, retrospectively removing the government‑servant status of certain ex‑municipal employees and altering service rules. The petitioners challenged the amendment as violative of Articles 311 and 14 of the Constitution. The Supreme Court examined whether the Panchayat Service is a civil service of the State and whether the amendment could retrospectively extinguish vested rights. It held that the Panchayat Service is indeed a civil service of the State, making its members government servants, and that the 1978 amendment is unconstitutional as it infringes Articles 311 and 14 and cannot be given retrospective effect to strip vested rights. Consequently, the appeal was dismissed and the writ petitions were allowed.

Issues considered

The legal status of members of the Gujarat Panchayat Service – whether they are government servants.
The constitutional validity of the Gujarat Panchayat (Third Amendment) Act, 1978, particularly its retrospective provisions.
Whether the amendment violates Article 311 (protection of civil servants) of the Constitution.
Whether the amendment violates Article 14 (equality before law) of the Constitution.

Legislation cited

Gujarat Panchayat Act, 1961s. 102, s. 11, s. 157, s. 158, s. 203, s. 206, s. 206A, s. 307, s. 325, s. 326
Gujarat Panchayat Service (Absorption, Seniority, Pay and Allowances) Rules, 1965
Gujarat Panchayat (Third Amendment) Act, 1978s. 1, s. 10, s. 14, s. 2, s. 3, s. 4, s. 6, s. 8

Subjects

Panchayat ServiceGovernment servantArticle 311Article 14Retrospective legislationDiscriminationPay scalesLocal cadreConstitutional validityGujarat Panchayat Act

Judgment

287
A
STATE OF GUJARAT & ANOTHER

v.
RAMAN LAL KESHAV LAL SONI & OTHERS B
January 27, 1983
[Y.V. CHANDRACHUD, CJ, S. MURTAZA FAZAL ALI,
V.D. TULZAPURKAR, 0. CH!NNAPPA REDDY AND
A. VARADARAJAN, JJ.]

Gujarat Panchayat Act, 1961-As amended by the Gujarat Panchayat (Third
c
Amendment) Act, 1978-0fficers and servants of the panchayats-Whether
Government servants.

Mast~r and servant relations-Tests for the determination of.
•''
Constitution of India, 1950, Articles 14 and 311-Status of Government D
' servant-If could be determind retrospectively.

Interpretation-Legislature, if has power to take away or impair a consti·
tutional right retrospectively.

The Gujarat Panchayats Act, 1961 was enacted to consolidate and amend
the law relating to village panchayats and district local boards with a view to E
reorganise the administration pertaining to local G.overnment in furtherance of
the object of democratic decentralisation of powers in faVour of different classes
of panchayats. It was provided that the state Government should exercise control
over panchayats either directly or thrvugh such officer or officers as it may
appoint for that purpose. The Panchayat Organisation consisted of Gram
Panchayats, Taluqa Panchayats and District Panchayats which are bodies
corporate with perpetual succession and common seal. Notwithstanding that
(1
they were separate bodies corporate, the panchayats formed part of the
\. panchayat organisation set up for secudng a greater measure of participation by
tlie people in the-local governmental functions. They were enjoined to perform
:functions and duties assigned by or under the Act so• as to ~confonn to the State
:plans, National plans and the State policy in general. The State Government
was empowered to cause inspection to be made and to call for and examine the
'record of the proceedings of any panchayat. On the enactment of the 1961 Act, G
1
the District Local Boards, village panchayats and municipalities constituted
under earlier Acts stood transformed as District Panchayats, gram or nagar
pancbayats, depending on population. Officers and servants of the District Local
Boards were deemed to be transferred to the service of the district panchayats,
Secretaries, officers and servants in the employ of the old village panchayats
became Secretaries, officers and servants of the new gram panchayats and b
officers and servants in the em,pior of municipalities became oflicers al\d servan.t'
of .the interim p1nchayats,

~'·---~
288 SUPllBME COURT llBPOllTS (1983) 2 s.c.R.

The gram pancbayats were entrusted with the work of looking -after
sanitation and health, public works, community development, agriculture,
preservation of forests and a number of other subjects. They were entrusted \
with the work of collection of land revenue and do any or all the functions and
duties of village Accountant or Patel or other similar functions of any other
person in relation to the collection of land revenue and dues recoverable as
, arrears of land revenue. Provision had been made in the Act for the transfer
to the District Pancb!}yats of such powers, functions and duties relating to any
matters as are exercised or perform.,d by the State Government or ao)I officer of
the Government under any enactment which the 'State Legislature is competent
to enact or otherwise in the executive power of the Seate. The Act also provided
that any functions and duties relating to any of the matters specified in the
paochayat functions list, previously being performed by the State Government,
shall be transferred to the District Paachayats togetlicr with the funds provided
c and the staff employed tberefo:r. On such transfer, the District Panchayat may
delegate, with the approval of the Government, to any panchayat subordinate to
it any of the functions and duties so transferred. A fund called the Gram Fund or
Nagar Fund was created and the proceeds of any tax or fee imposed by or assign-
ed to the Pancbayat under the Act, sums contributed to the fund by the State
Governmt:nt and all other sums received by the Panchayat were to be credited in
the fund. The Act provided for appointment of a Secretary and such other ser~
D vants as may be determined for every Gram Panchayat and Nagar Panchayat in
ac:ordance with rules prescribed by the Gov~rncnent. Depending on the facts
and circumstances of a case, the State GJverament may direct that a group of
Pa.nchayats sliall have one Secretary only. The Secretary and other servants
<
were required to do all the administrative functions as may be conferred on
them by tho Panchayat. The Act provided that there shall be a Secretary for
every Taluqa Pancbayat and that the Taluqa Development Officer who shall be
an officer belonging to the State servico and posted under the panchayat, sBall be
E ex-officio Secretary of the pancbayat. The District Development Officer posted
under the District Panchayat was t-0 be. the ex-officio Secretary of the District
Panchayat.

For the purpose of bringing about uniform scales of pay and uniform con~
dition3 of service for persons employed in the pancbayats, the Act provided for
the constitution of a panchayat service which was declared to be distinct from
F the State service. P1Jwer was given to the State Government to determine from
time to time classes, cadres and posts of officers and their strength. A servant
belonging to district cadre was liable to be posted, whether by promotion or
transfer, to any post in any oth~r cadre as provided in the rules. The State
Government was empowered to make rules regulating the mode of recruitment
either by holdiog examinatioos or otherwise and their conditions of service.
G Appointments to posts in the panchayat service were to be made by direct
recruitment or by promotion or by transfer of a member of the State service to
t11e paachayat servic~. The Staie Government was empowered to allocate to
the panchyat service the requisite number of officers and servants who _shall be
taken over by the panchayat in such cadre and on such tenure, remuneration
and other conditions of service as the State Government may determine and the
expenditure on account of pay and allowances of officer and servants of thr
panchayat wa~ to be met fro!ll the f~nd~ of the p~pcha~at, The Avt enabled

- --._-
GUJARAT V, RAMAN LAL

the State Government to direct the posting of officers of the Indian Administra~ A
tive Service and of Class-II service9 of the State Government in panchaY,at insti-
tutions. Provision was made for the constitution of a Panchayat Service Selection
Board and ()istrict Panchayat Service Selection Com1nittces for selection of
officers ~nd other 1nembers of staff.

After the coming into force of the 1961 Act the State Government made
several sets of rules, one of which was the Gujarat Panchayat Service (Absorp· B
tion, Seniority, Pay and Allowances) Rules, 1965. The Rules provided for the
equation of posts, fixation of seniority, scales Qf pay and allowances of
"allocated employees". An "allocated employee" meant a person allocated to
the panchayats service. Under the rules every allocated employee holding a
corresponding post immediately before the appointed day shall be appointed to
the_equivalent post. that is, a ·post -in the pancbayat service, which the State
Government may, by order. determine to be gen!rally corresponding to a post c
held by an allocated employee immediately before the appointed day (called
corresponding post) having regard to the pay scales, minimum educational and
other qualifications prescribed for the equivalent post and the corresponding
post and the nature and magnitude of responsibilities aHached to such posts.
Therefore, unless equivalence of posts was first detern1ined by order of the State
Government, the 1965 Rules could not be applied. The State Government ·did
l not mnke any order regarding the equation or posts of the staff in the local cadre D
and the fixation of their scales of pay, although such orders were made in respect
of posts of other cadres. The Government did not extend to the staff borne on
the local cadre, the benefit of ·revision of scales of pay made on the bash of the
recommendations of the two Pay Commissions, though such benefit was cxten·
dcd to the District and Taluqa Cadres; nor did the Government mak~ any order
providing for promotional avenues to employees of the local cadre.
E
Aggrieved by the inaction of the Government, the employees of the local
cadre of the panchayat service filed a writ petition in the High Court seeking
various relief&. The Government contended that members of the panchayat
service were not Government servants and so were not entitled to claim the
reliefs asked for by them.

Allowing the petitions the High Court held that the employees belonging
F
to the local cadre were Government servants and directed the State Government
to make suitable orders under the 1965 Rules to initially fix the pay scales and
other conditions of service, to revise the scales of pay in accordaoce with the
recommendations of the Pay Commission. Certain other reliefs were also given.

The State Governmeot filed in this Court an appeal against the judgment G
of the High Court. In 1he meantime, the Governor promulgated the Gujarat
Panchayats Amendment Ordinance, 1978 which later became the Gujarat
Panchayats (fbird Amendment) Act, 1978 .

. ---, The amending Act of 1978 was enacted to get over the effect of the judg-
- f' ment of the High Court. It denied the status of Government servants to certain
categories or employees and their anoi;1;1~i99 to t~e pan~harat §ervice was,
cancelled with retrospective effect. ·
290 SUPREME COURT REPORTS [1983) 2 S.C.R.

Jn their writ petitions the employees of the local cadre contended that the
' provisions of the Amendment Act of 1978 were violative of Article 311 of the
Constitution, that tbe Act was discriminatory and that the benefits acquired by
them could not be taken away with re.trospcctive effect.

In the appeal it was contended that having regard to the various provisions
of the Act the members of the panchayat service were Government servants.
B
Dismissing the appeal and allowing the petitions,

HELD : The panchayat service constituted under the Act is a civil
service of the State and the member~ of the service are Government servants.
[309 CJ +-
c It is not possible to lay down any disti!'lctive test to determine when
a person may be said to hold a civil post under the Government. The
presence of all or some of the factors such as the rigbt to select for appoint·
ment 1 the ·right to appoint, the right to terminate the employment, the right
to take disciplinary action or deterinine the service, the source from which wages
or salary are paid and a host of such circumstances may have to be consi-
dered to determine the existence of the relationship of master and servant.
D [306 B-D]
'
Gurugobinda Basu v. Sankari Prasad Ghosal, [1964] 4 SCR 311 ; ,State
of Uttar Prod.sh v. Audh Naroin Singh, [1964] 7 SCR 89; State of Assam •
v. Shri Kamakchandra Dutta, [1967] l SCR 679; Gurushontappa v. Abdul Khuddus,
[1969] 3 SCR 425 ; S.L. Aggarwol v. Hindustan Steel Ltd., [1970] 3 SCR 363 ;
Jalgaon Zilla Parishad v. Duman Gobind and others, C.A. No. 24 & 25 of 1968
E decided on December 20, 1968, referred to.

In-the instant case, merobers of the service are required to perform
funetions in connection with those affairs of the State entrusted to the panchayats
either by the Act itself or by transfer by the Gov-ernment under the Act. It may
be that the pay and other allowances of the officers were paid out of the
panchayats' own funds but the sums consisted of funds contributed or lent
F by the State Government and or the proceeds of any tax or fee imposed by or
assigned to the panchayats under the Act. This imposition of a tax or fee
in the nature of a ·lax is essentially a function of the State. So the salary and I
allowances of servants and officers are paid out of the funds contributed or Jent
by Government or raised by the discharge of an essential governmental
function. Officers and staff are to be appointed by an authority
prescribed by the Government and their conditions of service shall be as
G may be prescribed by the Gov ernment. The Act contemplates the constitution
1

of a single centralised panchayat service, the classes, cadres and posts of which
have to be determined by the Government from time to time. Such other
topics like recruitment, conditions of service, transfer, promotions, disciplinary
action to be taken against the officers and servants are to be regulated by
rules made by the Government, There cannot be any question of a rule ' -
H providing for promotion from the panchayat service to the State service
µnless the panc_hayat service is alsQ a ~eryice ~oder the State. The provisiops
GUJARAT v. RAMAN LAL i91
relating to inter.district transfers of servants of the panchayat service and A
provisions which provide for promotion and transfer of servants belonging
to the different cadres within the District, Taluqa and Gram or Nagar
panchayat clearly show that these servants are not the servants of the
individual panchayats but belong to a centralised service. The provision·
relating to transfer and allocation of members of the ,State service to the
pancbayat service necessarily implies that the panchayat service is also a service
under the State and such transfers would be impermissible unless the B
panchayat service is also a service under the 'State. The very idea that there
can be an allocation to the Panchayat service from a State service and a
.-r· reallocation from the panchayat service to the State service is only consistent
with the panchayat service also being a service under the State.
[306 G-H, 307 A-H, 308 BJ

The provision under the Act that the panchayat service shall be distinct
from the State service does not indicate a disclaimer by the Legislature th'at the
c
panchayat service is a service under the State; it is a distinct service from the
state service because the pancbayat institutions constitute an almost parallel but
subsidiary Government. Again Government servants do not cease to be Govern-
ment servants merely because, for the time being, they'are allocated to different
panchayat institutions and are paid out of the funds of institutions Which are
declared to be bodies corporate. [308 F-H, 309 B-Cf
D
G.L. Shukla v. Stat~ of Gujarat; 8 G.L.R. 833, approved.

The Gujarat Panchayats (Third Amendment) Act, 1978 is unconstitutional
as it offends Articles 311 and 14 and is arbitrary and unreasonable. The
provisions are so intertwined with ooe another that it is impossible to separate
~he offending sections from the others. [320 E-G]
E
.The object of the 1961 Act was "democratic decentralisation of power
and the consequent re·organisation of the administration of local' Government"
and even after the 1978 amendment this object continued to be the same.
Even so, section 11 (1) which declared that the different panchayats shall
constitute a panchayat organisation wa11 omitted. The Statement of objects
and reasons stated that the amendments were necessitated to get over the
judgment of the High Court that the panchayat service was a State service.
Tbat could not be a reason to go against the object of the principal Act and to
abandon the constitution of the State panchayat organisation. [312 E·HJ

The effect of the amending Act was that non-Talati Secretaries and
other officers and servants of lhe Gram and Nagar panchayats were to be
deemed to be the servants of the respective panchayats notwithstanding the
judgments of courts declaring them to be Government servants. The District G
pancbayats were barred from transferring their staff to Oram and Nagar
panchayats consequent on the delegation of functions, powe~s and duties to
Gram and Nagar paochayats. A paochayat service consisting of persons
employed in ·connection with the affairs of Taluqa panchayats and District
panchayats and of specified servants was constituted notwithstanding anything
contained in any judgment, decree or order of any court and such persons H
and servants were deemed to have always been {the officers cind servants of
tho Taluqa panchayats or tho District panchayats for the ostensible reason
292 SUPll.EME COURT UPORTS 11983) 2 S.C.Q,

A· of enabling the respective panchayats to exercise their powers and perform their
functions efficiently. In so doing it omitted the Oram and Nagar pancbayats
-which are at the very base of democratic decentralisation and on which the
superstructure stands. [314 C·H, 315 E-F)

Before the Amending Act of 1978 was passed, ex-municipal emp1oyees
who had been allocated to the panchayat service as Secretaries, officers and
servants of Gram and Nagar panchayats had achieved the status of Government
servants. The amending Act bas done away with their status as members of
a service under tbe State without giving them an option. Retrospectivity is
given in order that they could not claim that they \Vere ever Government
servants. But their status as Government servants could not be extinguished ')-
so long as the posts were not abolished and their services were not terminated
in accordance with -the provisions of Article 311 of the Constitution nor was
c it permissible to single them out for differential treatment because that would
offend Arlicie 14 of the Constitution. [319 B·D]

There is no force in the contention that some of the officers and
servants of the Gram and Nagar panchayats were Government servants from
1he beginning while other officers and servants of Oram and Nagar panchayats
were not and that a classification on the basis of source of their services was
D permissible. Once they bad joined the common stream of service and performed •
the same duties, it is not permissible to make any classification on the basis of
their origin. [319 D·E]
•
Undoubtedly, the Legislature is competent to legislate with retrospective
effect to take away or i111pair any vested right but since laws are made under
a w1itten constitution and have to conform to the do's and don'ts of the
constitution neither prospective nor retrospective laws can be made so as to
contravene the fundamental rights. A Legislature cannot legislate today with
reference to a situation that obtained· 20 years ago and ignore the
constitutional. rights accurcd in the course of 20 years.. A Jaw which,
if made today, would be plainly invalid as offending constitutional provisions
in the context of the existing, :situation cannot become valid by being made
retrospective. [319 G-H, 320 B, BJ
F CIVIL APPELLATE JURISDICTION; Civil Appeal No. 359 of 1978.
Appeal by Special leave from ·the Judgment and Order-dated
the 28th January, 1977 of the Gujarat High Court in Special Civil
Application No. 309 of I 975.
AND
G Writ Petition Nos. 4266-4270 of 1978.
(Under Article 32 of the Constitution of India)
V.M. Tarkunde, D1'ranjan Mehta, P.H. Parekh and Mrs. Manik >--
Tarkunde for the Petitioners in MPs. and R.R. 1-3 and in CA. 359.
H D. V. Patel, C. V. Subba Rao, Dy. Govt. Advocate, M. N.
Shroff, G. N. Desai and R. N. Poddar for the Appellant in CA. 359
and RR 1 and 2 in Wl's.
GUJARAT v. RAMAN LAL ( Chinnappa Reddy, J.) 293

Vimal Dave and Miss Kai/ash Mehta for tbe Intervener in W,P. A
Mukul Mudgal for Respondent No. '9 in CA. 359/79 and for
Respondent No. 6 in WPs.

The Judgment of the Court was delivered by
B
CHINNAPPA REDDY, J. The attitude of the State of Gujarat in
these cases has indeed left us puzzled and wondering. On the one
hand, there are lakhs of employees working under various Panchayat
Institutions, call · them Government servants or no, to whom the
benefits of the recommendations of the two Pay Commissions, the
Sarela and the Desai Commissions, have been extended, while on c
the other hand, there is a microscopic number (comparatively) of
about six thousand employees of the lowest category, also working
under Pancbayat Institutions, who are denied the benefits of those
recommendations, on the sole ground of a birth-mark, if we may so
call it, since they are denied the benefits because before they came to
work under the Panchayat Institutions, they were employed in D
municipalities while the others were Government servants to start
with. The unfairness and the injustice of the distinction is patent,
whatever legal justification may be put forward. Surely, the State,
dedicated as it is to socialism, equality and economic justice and
enjoined by the Directive Principles to secure the right to work, a
living wage, equal pay for equal work and so on cannot make such
a distinction. But the distinction has been made; it is sought to be
sustained by those making it and we are constrained to examine
whether there is any Constitutional or other legal sustenance for the
distinction. We did request the Counsel for the State of Gujarat
to communicate with his clients to find out if the benefits cannot
gracefully be extended to the erstwhile employees of municipalities
presently working under Panchayat Institutions also. We are told
that the answer of the State of Gujarat is in the negative. '

The appeal and the Writ Petitions were heard once before by
a Constitution Bench consisting of Chandrachud, CJ, Sarkaria,
G
Untwalia, Kailasam and Venkataramiah, JJ. The opinion of the
Constitution Bench was pronounced by Vcnk, taramiah, J., on July
13, 1980. (The opinion is reported in [1981] l SCR 144). But on the
application of the appellants, the opinion was set aside and the
appeal and the Writ Petitions were directed to be set down for
hearing once more by the Constitution Bench. That is how the
H
matters have again come before us.
294 SUPREME COURT REPORTS [1983] 2 s.c.R.
A Pursuant to the Constitutional mandate in Art. 40 that "the
State shall take steps to organise village panchayats and endow them
with such powers and authority as may be necessary to function as
units of self-Government", the State of Gujarat enacted the Gujarat
Panchayats Act 1961 (Act No. VI of 1962) 'to consolidate and
amend the law relating to village Panchayats and district local
B boards with a view to reorganise the administration pertaining to
local Government in furtherance of the object of the democratic
decentralisation of powers in favour of different classes of
Panchayats'.

The Gujarat Panchayats f\ct 1961 was substantially amended
c in 1978 in an attempt, as .we shall presenily point out, to circumvent
the judgment of the Gujarat High Court which is under appeal
before us. The Constitutional validity of the Amending Act is in
question in the Writ Petitions which are before us.

D We shall first refer to the provisions of the Gujarat Panchayats
Act, as they stood before they were amended in 1978. By s. II (l)
of the Act, as it originally stood, a Panchay at Organisation was •
constituted for the State of Gujarat, consisting of Gram Panchayats,
Taluqa Panchayats, District Panchayats, Gram Sabhas, Nyaya
Panchayats and Conciliation Panchas. It is provided by Section 11
E (2) that the State Government shall exercise control over Panchayats
either directly .or through such officer or officers as it may appoint
for that purpose. Local areas comprising of revenue villages or
groups of revenue villages or hamlets forming parts of revenue
villages or other administrative units or parts thereof are to be
declared Grams under the Act, if the population of the local areas
F does not exceed I 0,000 and Nagars if the populatio.n of the local
areas exceed 10,000 but does not exceed 20,000. There is to be a
Gram Panchayat for each Gram and Nagar Panchayat for each
Nagar. There is also to be a Taluqa Panchayat for each taluqa
and a District Panchayat for each district, as constituted from time
to time under the Land Revenue Code. The Gram Panchayat, the
G
Nagar ·Panchayat, the Taluqa Panchayat and the District Pancbayats
are to be bodies corporate with perpetual succession and common
seal. Sec. 8 prescribes the hierarchy and provides that, subject to the
control of the Government, a Gram Panchayat is to be subordinate
H to the Taluqa Panchayat and the District Panchayat, while a Nagar
Panchayat and Taluqa Panchayat are to be subordinate to the
District Paochayat. While the Gram Panchayats, Nagar Panchayats,
GUJARAT v. RAMAN LAL (Chinnappa Reddy, J.) 29S
Taluqa Panchayats and District Panchayats are to be bodies cor- A
) porate, Sec. 287 makes it explicit that, notwithstanding that they are
separate bodies corporate having distinct territorial jurisdiction and
territorial functions to perform, the Gram Panchayats, Nagar Pacha-
yats, Taluqa Panchayats and District Panchayats shall form part of
the panchayat organisation, set up for the purpose of securing a
greater measure of participaiion by the people of the State in local B
government functions and shall perform the functions and duties
assigned to them by or under the Act so as to conform to the State
plans, National plans and the State policy in general, and also so
as to give effect to general or special directions as may be issued by
the State Government. Sec. 292 (A) aqd Sec. 305 authorise the
State Governm~nt to cause inspection to be made and to call for c
and examine the record of the proceedings of any panchayat.
.· At this juncture, we may mention that prior to the enactment
of the Gujarat Panchayats Act, 1961, there were in force in the State
of Gujarat the Bombay Village Panchayat Act, 1958, the Bombay
Local Boards Act, 1923, the Bombay District Municipal Act, 1901 D
and the Bombay Municipal Boroughs Act, 1925. The Bombay Village
Panchayat Act 1958 and the Bombay Local Boards Act, 1923
are repealed by Secs. 325 and 326 of the Gujarat Village
Panchayats Act, 1961. A local area declared to be a village
under the Bombay Village Panchayats Act, 1958 and a
Panchayat constituted under that Act, are deemed to be gram and E
panchayat under the Gujarat Gram Panchayats Act, 1961. The
Secretaries and all officers and servants under the employment of
the old village Panchayats are to be Secretaries, Officers and servants
of the new gram panchayats. A District Local Board constituted
under the Bombay Local Boards Act for a local area is to stand
dissolved. All property which stood vested in the district local board F
immediately before the appointed day is to be deemed transferred to
the district panchayat constituted for the local area, called the
successor panchayat. All officers and servants in the employment
of the District Local Board are similarly to be deemed transferred to
the service of the successor panchayat. Where local areas are
declared to be grams or nagars under Sec. 9 of the Gujarat Gram G
Panchayats Act, 1961 and such areas correspond to the limits of a
municipal district or municipal borough under the Bombay District
Municipal Act or Bombay Municipal Borough Act, it is provided
by Sec. 307 of the Gujarat Panchayats Act that the municipality H
previously functioning in such local area shall cease to exist and
that the councillors of such municipality shall constitute an interim
296 SUPREMIB COURT REPORTS (1983] 2 !.C.R.

A gram panchayat or interim nagar panchayat as the case may be for
the gram or nagar. It is also provided that all officers and servants
in the employment of the municipality immediately before the date
of declaration of the Jocnl ar.,as as gram or nagar, shall be officers
and servants of the interim panchayat.

B Thus broadly, District Local Boards under the Bombay Local
Boards Act stand transformed as District Panchayats, village pancha-
yats under the Bombay Village Panchayats Act as gram panchayats
and municipalities under the Bombay District Municipal Act and
Bombay1 Municipal Boroughs Act as gram or nagar panchayats,
depending on the population. Officers and servants in !he employ
0 of the District Local Boards are deemed to be transferred to the
service of the district panchayats; Secretaries, officers and servants
in the employ of the old village panchayat become Secretaries,
officers and servants of new gram panchayats and officers and
servants in the employ of municipalities become officers and servants
D of interim panchayats.

To continue our tour of inspection (if one may use such an
expression) of the provisions of the Act, Sec. 88 of the Act empowers
•
each gram panchayat to make, in the area within its jurisdiction,
and so far as the fund at its disposal will allow, reasonable provi·
sion in regard to all or any of the matters specified in Sch. I. Sch. I
enumerates a host of matters under the beads 'Sanitation and
Health'. 'Public works', 'Education and Culture', Self Defence and
Village Defence', 'Planning and Administration', 'Community Deve-
lopment, Agriculture, Preservation of forests and Pasture Lands',
'Animal Husbandry', 'Village Industries' and 'Collection of Land
fl Revenue'. Under each of these beads innumerable subjects are
specified. In regard to the collection of land revenue express pro-
vision is further made by Sec. 149 that the Government shall,
notwithstanding anything contained in Land Revenue Code or any
other Jaw, entrust to every Gram Panchayat and every Nagar
Panchayat, any or all of the functions and duties of village Accoun'
G
tant or Patel or other similar functions of any other person by
whatever name called, in r<:lation to the collection of land revenue
and dues recoverable as arrears of land revenue and all other
functions and duties of villa1ge Accountant under the Land Revenue
H Code. Sec. 150 provides that the panchayat so entrusted under
Sec. 149 shall be responsible for the collection of land revenue and
other dues of the gram or nagar as the case may be.
· GUJARAT Y. RAMAN LAL (Chinnappa Ready, J.) 297

Jn addition to the functions enumerated in Sch. I. Sec. 89 A
imposes certain other duties and functions on the panchayat. A
> panchayat may, fer example, carry out in the area within the
limits of jurisdic.tion, any other work or measure which is likely to
promote health, safety, education, comfort, convenience or social or
economic or culture well-being of the inhabitants of the area includ-
ing secondary education. A panchayat is also required to carry out B
the directions or orders given or issued from time to time by the
State Government for the amelioration of the condition of schedu-
led castes and scheduled tribes, and other backward classes.

Taluqa and District Panchayats are required by secs. 117 and
13 7 respectively to make reasonable provision in respect of matters c
specified in Schedules II and III. In Schedule II, a number of
subjects are enumerated under the heads 'Sanitation and Health',
'Commun'tcation', 'Education and Culture', 'Social Education',
'Community Development', 'Agriculture and Irrigation', •Animal
Husbandry', 'Village· and Small Scale Industries', 'Corporation'. D
'Women's Welfare', 'Social Welfare', 'Relief', 'Collection of Statis-
tics', 'Trtitts', 'Forests', 'Rural Housing,' and 'Information'. In
• Schedule III, similarly, a number of subjects are enumerated under
the beads 'Sanitation and Health', 'Public Works', 'Education and
Other Cultural Activities', •Administration', 'Community Develop-
ment', 'Agriculture', •Animal Husbandry', 'Village and Small Scala
Industries', 'Social Welfare', 'Relief' and 'Minor Irrigation Projects'.

Sec. 155 provides for the transfer of the functions previously
performed by District School Boards under the Bombay and
Saurashtra Primary Bducation Act to taluqa and district panchayats.

, Sec. 156 provides for the delegation to district and taluqa
panchayats such powers and functions and duties of the Registrar
or any other authority under the Bombay Cooperative Societies Act,
as may be specified.

G
Sec. I 51 provides for the transfer to District Panchayats of
such powers, functions and duties relating to any matters as are
exercised or performed by the State Government or any officer of
the Government under any enactment which the State Legislature
is competent to enact, or otherwise in the executive power of the H
State. On the transfer of such functions, the Government is also
required to allot to the District Panchayats such funds and personnel
298 SUPREME COURT REPORTS (1983] 2 S.C.R.

as may be necessary to enable the District Panchayats to exercise
the powers and discharge functions and duties so transferred. Sec.
157 (2) mentions the subjects which in particular may be transferred
to the District Panchayats. Sec. 157 (3) further provides that on
the transfer of powers, functions and duties under sub-Sec. (1) and
(2), the District Panchayat shall, if the State Government so directs
B and may with the previous approval of the Government, delegate
to any panchayat subordinate to it any of the functions, powers and
duties so transferred and allot to such Panchayats such funds and
staff as may be necessary to enable the Panchayat to discharge the
functions and duties so delegated.
c Sec. 158 provides that any function and duties relating to any of
the matters specified in the Panchayat functions list, which were previ-
ously being performed by the State Government, shall be transferred
to the District Panchayats together with the funds provided and
the staff employed therefor. On such transfer, the District Panchayat
D may delegate, subject to the approval of the Government, to any
panchayat subordinate to it a11y of the functions and duties so
transferred. •
Sec. 96 of the Act anthorises the State Government to vest in a
Panchayat open sites, waste, vacant or grazing lands or public roads,
streets, bridges, ditches, dikes and fences, wells, river banks, streams,
lakes, nallas, canals, water courses, trees or any other property
in the gram or nagar.

Sec. 99 provides for the creation of gram and nagar funds.
Each gram nnd nagar is to have a fund called the Gram Fund or
F the Nagar Fund into which ar~ to be paid, inter-alia, the proceeds
of any tax or fee imposed by or assigned to the panchayat under
the Act, sums contributed to the fund by the State Government or
the Taluqa Panchayat or the District Panchayat and all sums
received by way of loans from the State Government or the Taluqa
Panchayat or the District Panchayat or out of the District Develop-
G ment Fund or otherwise.

Sec. 119 vests in the Taluqa Panchayat every road building
and other work constructed by the Taluqa Panchayat any land
or property transferred to the Taluqa Panchayat by the State
H Government and any land or property transferred by any other
Panchayat. Sec. 139 vests in the District Panchayat every road
GUJARAT v. RAMAN LAL (Chinnappa Reddy, J.) ~9~

building or other work constructed by the Pancbayat, any land or A
property transferred to a District Panchayat by the State Govern-
) ment and any land or other property transferred to the District
Panchayat by any other Panchayat.

We may now refer, conveniently, at this stage to the
8
provisions relating to services. Sec. 102 provides that there shall
be a Secretary for every gram panchayat and nagar panchayat,
who shall be appointed in accordance with the rules. Rules, of
course; hav~ to be made by the Government under Sec. 323.
Sec. 102 also provides that a gram panchayat . and nagar panchayat
may have such other servants as may be determined under Sec. 203,
who shall be appointed by such authority and with such conditions
c
of service, as may be prescribed. 'Prescribed' again means
'prescribed by rules' and rules have to be made by the Government.
It is further provided that having regard to the population of a
gram and its income, the State Government may direct that a group
of gram panchayats shall have one Secretary only. The Secretary D
is required to keep in his custody all records and registers of the
panchayats, issue receipts on behalf of the panchayats, prepare all
statements and reports required under the Act al)d perform such other
functions and duties, as may be prescribed under the Act. Other
servants of the panchayat are required to perform such functions and
duties and exercise such powers as may be imposed or conferred on E
them by the Panchayat, subject to any rules which may be made.

Sec. 122 provides that there shall be a Secretary for every
Taluqa Panchayat and that the Taluqa Development Officer, who
shall be an officer belonging to the State service and posted under
the panchayat, shall be the ex-officio Secretary of the panchayat.
Sec. 122 further provides that the taluqa panchayat shall have such
other officers an<l servants as may be determined under Sec. 203,
who may be appointed by such authority, with such conditions of
service, as may be prescribed.
G
Similarly, Sec. 142 provides that the District Development
Officer posted under the District Panchayat shall be the ex-officio
Secretary of the District Panchayat. In addition, the District
. ,..., Panchayat shall have such officers and servants, as may be determi-
ned under Sec. 203, performing such functions as may be prescribed H
and appointed by such authority with such conditions of service, as
!Ila! be prescribed, We have earlier referred to Secs. 157 and 15~
300 SUPREME COuRT RBPORts [1983} 2 S.C.R.

A which provide for the allotment and transfer of staff to the District
Panchayat when functions are transferred by the Government to the
District Panchayats under those provisions. We have already
referred to Sec. 326 which provides that all officers and servants in
the employment of an existing District Local Board shall be deemed
to ho transferred of the service of the successor District Panchayat.
B We have also referred to Sec. 325 which stipulates that the
Secretaries and all officers and servants in the employ of old village
panchayats under the Bombay Village Panchayats Act shall be
Secretaries, officers and servants of the new Gram Panchayats. We
have further referred to Sec. 307 which provides that all officers and
c servants in the employment of municipalitie1 whose loc1l areas have
been declared as grams or nagars as the case may be, shall be
officers and servants of the interim panchayats of such grams or
nagars.

Sec. 203, as it stood before it was amended in 1978, provided
for the constitution of a Pancliayat s~rvice for the purpose of
bringing about uniform scales of pay and uniform conditions of
service for persons employed in the discharge of functions and
duties of Panchayats. Such service, it was declared, shall be '
distinct from the State Service. The panchayat service was to
consist of such classes, cadres a11d posts and the initial strength of
E officers and strength of such classes cadres and posts was to be
such as the State Government might determine from time to time.
District Panchayats were empowered to alter, with the previous
approval of the State Government, any class, cadre or number of
posts determined by the Governmeat. The cadres were to consist J.
of district cadres, taluqa cadres and local cadres. A servant belong-
F ing to a district cadre was liable to be posted, whether by promotion
or transfer, to any post in any taluqa or of the district. A servant
belonging to the taluqa cadre was liable to be posted whether by
promotion or transfer to any post in any gram or nagar in the same
taluqa. A servant belonging to a local cadre was liable to be
posted whether by promotion or transfer to any post in, the same
G gram or nagar. In addition to the posts in the district taluqa and
local cadres, a panchayat might have such other posts of such classes
as the State Government may, by general or special order, determine
such posts being called 'deputation posts'. They were to be filled
in accordance with the provisions of Sec. 207. The State Govern·
ment was empowered to make: rules regulating the mode of recruit·
!Dent either b; hcldiug exami11ations or otJierwise 1111d ~onditions
GUJARAT V. RAMAN LAL (Chinnappa Ready, J.) 301

of service of persons appointed to the panchayat "service and powers A
of appointment, transfer and promotion of officers and servants in
> the panchayat service and disciplinary action against. such officers
and servants. The rulei were required to make provision entitling
servants of such cadres in the Panchayat Service to promotion to
such cadres in the State service as may be prescribed. The rules
were also required to provide for inter-district transfer of servants
B
belonging to the panchayat service.

Subject to the rules made under Sec. 203, appointment to
posts in the panchayat service, Sec. 205 provides, shall be made by
direct recruitment by promotion or by transfer of a member of the
State service to the paachayat service. Sec. 206 obliges the State
c
Government by general or special order to allocate to the paachayat
service: "(i) such number of officers and servants out of the staff
allotted or transferred to a panchayat under sections (157, 158 and
325) as it may deem fit, (ia) all officers and servants of the
municipalities dissolved under Sec. 307, (ii) all officers and servants D
in the service of district local boards and district school boards
immediately before their dissolution under this Act and transferred
to the pancbayats under secs. 155 and 326". It is further provided
that officers and servants so allocated shall be taken over by such
panchayats in such cadre and on such tenure, remu[)eration and
other conditions of service, as the State Government may determine. E
Sec. 204 provides that, subject to the rules which the State Govern·
ment may make, the expenditure towards the pay, allowances
and other benefits allowed to an officer or servant of the panchayat
service serving for the time being under any panchayat shall be
met by that panchayat from its own fund. Sec. 207 enables the
State Government to direct the posting of officers of the Indian
administrative service and of Class II services of the. State under
panchayat institutions. Sec. 208 enables a panchayat to obtain the
services of any officer of Government on loan. Sec. 210 provides
for the constitution of a Panchayat Services Selection Board and

. Sec. 211 provides for the constitution of District Panchayat Service
Selection Committees and District Primary Education Staff Selection G
Committees.

The broad and general picture that we have on a perusal of
the relevant provisions of the Act, as it stood before it was amended
in 1978, is that the Gujarat Legislature aimed at the democratic H
\{ecentralization of important governmental functions by vestin~
302 SUPREME COURT li.EPoiTS flc.1831 2 s.c.i,

such functions in gram, nagar, taluqa and district panchayats (see
Sec. 88 read with Sch. I, Sec. 117 read with Sch. It and Sec. 131
read with Sch. III) and, besides, by enabling the State Government
to transfer other powers, functions and duties to the Panchayat
institutions (see Secs. 89, 149, 150, 155,1156, 157 and 158). A perusal
of the lists of subjects entrusted to the Panchayat Institutions shows
B that they are not merely the ordinary run of subjects entrusted to
municipal bodies, such as, public health, sanitation, etc., but they
include a great variety of subjects intimately connected with all
aspects of community life and vital to it, except functions, such as,
Jaw and order, administration of justice and the like. Even part of
the revenue administration is entrusted to panchayat institutions,
c as evident from the fact that collection of land revenue is one of the
duties of the gram panchayats under the Act. Since decentralisa-
tion was not to mean mere chaotic fission and confusion, a three-
tier organisation was set up, subject to the overall control of the
Government and it was as if a parallel but subsidiary or subordinate
Government was set up by the Government itse.lf to discharge some
of its functions. Not merely were the panchayat institutions
D required to discharge governmental functions, the organisation and
its three-tier units were to have very close links with the Govern-
ment at every twist and turn, as it were. The property of the
panchayats was that which. previously belonged to the Government
but came to be vested in them or transferred to them and the funds
E of the panchayats were those to be provided subst antially by way
of contribution or loan by the Government. The Government
was not only empowered to make the rules to carry on! the objects of
the Act. but also to issue directions from time to time to all or any
of the panchayats. The Government was also empowered to cause
inspection to be made and, further, to call for the proceedings of
the panchayat, to satisfy itsetr as to the legality or propriety of any
order made by the Panchayat. For the purpose of efficiently
discharging the functions and duties of the various panchayat
institutions and havining regard to the three-tier system which had
been established, it was apparently thought necessary to constitute
G a panchayat service, the members of which would have uniform ,-
' scales of pay and uniform conditions of service. So a single
centralised Panchayat Service was constituted which was to be
'distinct from the State Service'. The distinction Jay in that it was
a service parallel to the State Service and not in that the ~members
H of the service were not Government servants. The question
GUJARAT v. RAMAN LAL (Chinnappa Reddy, J.) 303

whether the members . of the panchayat servfoe are Government A
·servants or not is the principal question to be answered in the
) appeal and we will come back.to it again later.

After the coming into force of the 1961 Act, several sets of
rules were promulgated and orders were made which concerned the ·
Gujarat Panchayat Service. One such order was that made·on
B
January 2, 1967 under Sec. 203 (2) directing that the Panchayat
service shall consist of district cadre, taluqa cadre and local cadre
and further specifying the posts which belonged to each of the
cadres. Amongst the rules made were the Gujarat Panchayat
Service (Absorption, Seniority, Pay and Allowances). Rules, 1965,
which provided for the equation of posts, fixation of seniority,
c
scales of pay and allowances of "allocated employees". "Allocated
employees" were defined in the rules to mean persons allocated to
the panchayat service under the provisions of Sec. 206 (i). The
rules provide that every allocated employee holding a correspoding
post, immediately before the appointed day, shall be appointed to· D
the equivalent post. Equivalent post is defined to mean a post· in
the panchayat service, which the State Government may, by order,
determine to be generally corresponding t~ a post held by an
.. allocated employee immediately before the appointed day (called
corresponding post) -having regard to the pay scales, the minimum
educational and other qualifications prescribed for the equivalent E
post and the corresponding post and the nature and magnitude of
responsibilities attached to such posts. Therefore, unless equivalence
of posts is first determined, by order, by 1he Government the
G~jarat Panchayat Service Absorption Seniority Pay and Allowances
Rules, 1965 cannot be effectively applied. Even so, the State
Government did not make any order regarding equation of posts ./ F
of the staff in the local cadre and the fixation of their scale of pay,
.although such orders were made in respect of posts of other cadres.
The State Government did not also extend to the staff borne on the
local cadre of the panchayat service the benefit of revision of scales
of pay, etc. which were made on the basis of the recommendations G
of the two Pay Commissions, though such benefit was.extended to
the District and Taluqa cadres; nor did the Government make any
order providing for promotional avenues to employees of the local
cadre. Aggrieved by the deaf ear turned to their representa-
tions, certain ex-municipal employees now included in the local H
cadre of the Panchayal Service, for themselves and on behalf
304 SUPREME COURT REPORTS (1983) 2 S.C.R.

A of other ex-municipal employees now in the local cadre of the
Panchayat Service, filed a Writ Petition in 'the High Court of
Gujarat seeking various reliefs. The Writ Petition was resisted by
the State of Gujarat and the Development Commissioner on the
principal ground that the mem hers of the Panchayat Service were
not Government servants and therefore, they were.:not entitled to
B claim the reliefs asked by them. The High Court of Gujarat allowed
the Writ Petition holding that the members of the panchayat service
belonging to the local cadre were Government servants and directed
the State Government :

"(I) To make suitable orders under the Gujarat
c Panchayat Service (Absorption, Seniority, Pay and
Allowances) Rules, 1965 as regards the equivalence of
posts, fixation of P!'Y scales for such posts, fixation of the
petitioners and the person to whom they represent at an
appropriate stage in such pay scales and other incidental
matters covered by the said rules and to give effect to such
D
orders from the date of allocation of the petitioners and
the persons whom they represent to the Panchayat Service,
that is to say, from February ll, 1969. ·,

(2) To initially fix the pay scales and allowances and
E other conditions of service, including the grant of house-
rent allowance, compensatory local allowance, leave
bene~ts, medical benefits, retirement benefits, etc. of the
petitioners and the persons whom they represent in the
equivalent posts in the Panchayat Service in accordance
with the provisions of the Gujarat Panchayats Service
(Absorption, Seniority, Pay and Allowances) Rules, 1965
and simultaneously give to them the benefit of such of the
accepted recommendations of the First Pay Commission
(Sarala Co'mmissio.o) in the said matters as were extended
to the other officers and servants of the Panchayat Service;
G alternatively, having initially · fixed the pay scales,
allowances and other conditions of service in the
equivalent post in accordance with the said rules, to revise
subsequently such pay scales and other conditions of
service as per the accepted recommendations of the First
Pay Commission (Sarala Commission) iu t~e said mat\ers
with effect from f~bruary I I, J969.
GUJARAT v. RAMAN LAL (Chlnnajlpa Reddy, J.) 305

(3) To further revise the pay scales and allowances A
and other conditions .of service, including the grant of
)
house rent allowance, cQJllpensatory local allowance, leave
benefits, medical benefits, retirement benefits, etc. of the
Second Pay Commission (Desai Commission) in the said
matters and to give effect to such revision on and with
11
effect from Jannary I, 1975.

(4) To extend to the petitioners and the persons
whom they represent the benefit of interim relief in the
same manner in which such benefit was extended to the
other officers and servants of the Panchayat Service.

(5) To pay to the petitioners and the persons whom
they represent the amount payable to them as a
consequence of the rationalisation or revision of pay scale
and allowances and other conditions of service in pursuance
of the directions contained. in clause.s (I) to (4)
hereinabove. D

(6) To consider the question of making suitable
prov1s1ons in the Gujarat Pancbayats Service (Promotion
to Cadres in State Service) Rules, 1974 or by framing
appropriate Rules for promotion of the ex-municipal
staff of the Panchayat Service to consider the question of E
providi~g to such staff, by framing appropriate rules, pro-
motional avenues to the other two cadres in the Panchayat
Service, namely, the taluka cadre anq the district cadre".

The State Government and the Development Commissiner have
filed the appeal which is now before us. But during the pendency F
of the appeal, in an effort to undo the basis of the decision of the
High Court, the Governor of Gujarat promulgated the Gujarat
Panchayats Amendment Ordinance, 1978, later ·replaced by the
Gujarat Panchayats (Third Amendment) Act, 1978. The constitutio-
nal validity. of the Amending Act is questioned in the Writ ·Petitions
by the ex-municipal employees now included in the local cadre. G
The appeal was argued first as if the Amending Act had not
been passed· and the main question argued in the appeal was whether
the members of the Panchayat service were Government servants .
. The Writ Petitions were argued next and the question argued in the
B
Writ Petitions w11s about the 9ol)stitl!tional validity of t4e l\men<l-
ing Act.
306 SUPREME COURT REPORTS [1983] 2 s.c.11.

A We have tci first consider the question whether the members
of the Gnjarat Panchayat Service are Government Servants. Earlier
we have already said enough to indicate our view that they are
Government Servants. We do not propose and indeed it is neither
politic nor possible to lay down any definitive test to determine when
a person may be said to hold a civil post under the Government.
B Several factors may indicate~ the relationship cif master and servant.
None may be conclusive. On the other hand, no single factor may
be considered absolutely essential. The presence of all or some of
the factors, such as, the right to select for appointment, the right to
appoint, the right to terminate the employment, the right to take
other disciplinary action, the right to prescribe the conditions of
c service, the nature of the duties performed by \he employee, the
right to control the employee's manner and method of the work, the
right to issue directions and the right to determine and the source
from which wages or salary are paid and a host of such circums'
tances, may have to be considered to determine the existence of the
relationship of master and servant. In each case, it is a question of
D fact whether a person is a servant of the State or not. Amongst
the cases cited before us were Guru Govinda Basu v. Sankar Prasad
Ghosal('), State of Uttar Pradesh v. Audh Narasin Singh('), State of
Assam v. Shri Kanakchandra Dutt('), Gurushantappa v. Abdul
Khuddus('), S.L. Aggarwal v. Hindustan Steel Ltd.(•) .and Jalgaon
E Zila Parishad v. Duman Gobind and Others('). We have considered
all of them and do not 1consider it necessary to refer to each of
them.

We may now revert to the question whether the members of
the Gujarat Panchayat SeJ·vice are Government servants. First, we
F see that the duties which they are f required to perform are in
connection with those affairs of the State which are entrusted to the
Panchayat Institutions, by the statute itself or by transfer by the
Government under the statute. Next, the expenditure towards the
pay and allowance of officers and servants of the panchayat service,
serving for the time being under any paochayat has; no .doubt, tci be
G met by the panchayat frorn its own fund, but, as we have seen, the

H
(!) (1964] 4 S.C.R. 311.
(2) [1964) 7 S.C.R. 89.
(3) [1967] I S.C.R. 679.
(4) [1969] 3 S.C.R. 42S.
(5) (1970] 3 S.C.R. 363.
(6) C.A. Nos. 24 aod 2' gf J9~S llecided oo December 20, 1968.
-
OtJJAllAT v. llAMAN LAL (Chinnappa Reddy, J.) 301

fund consists substantially of sums contributed or lent by the State A
Government and of the proceeds of any tax or fee imposed by or
assigned to the panchaya,t under the Act. The imposition of a tax
or a fee in the nature of a tax, as we know, is essentially a function
of the State. So the salary and allowances of the servants and
officers of the panchayat service are paid out of funds contributed
or lent by the Government or raised by the discharge of an essen- B
tial governmental function. Secretaries of Gram and Nagar Pancha-
yats are to be appointed in accordance with the rules made by the
Government, while the Taluqa Development Officer is to be the
Secretary of the Taluqa Panchayat and the District Development
Officer is to be the Secretary of the District Panchayat. Taluqa and
District Development Officers are, of course, officers of the State c
service. Gram and Nagar panchayats may have other servants, as
may be determined under Sec. 203, but they have to be appointed
by such authority as may be prescribed by the Government and
their conditions of service shall be such as may be prescribed by the
Government. Sec. 203, as already noticed by us, contemplates the
constitution of a single centralised Panchayat Service, the classes, D
cadres and posts of which have to be determined by the Government
from time to time. The mode of recruitment, whether by examina-
tion or otherwise, the conditions of service the powers in respect
of appointments, transfers and promotions of officers and servants
-, and disciplinary action which may be taken against them, are to be
regulated by the rules made by the Government. The rules so made
are particularly required to contain "a provision entitling servants
•
of such cadres in the panchayat service to promotion to such cadres
),' in the State service, as may be prescribed : vide Sec. 207 (4) (a).
this is an important provision. There cannot be any question of a
rule providing for promotion from the panchayat service to the p
State service unless the Panchayat Service is also a service under the
State. Again Sec. 203 (5) requires that rules may provide for inter.
district transfers of servants belonging to the panchayat service and
the circumstances in which and the conditions subject to which such
transfers may be made. This provision along with the provisions of
Sec. 203 which provide for the promotion and transfer of servants G
belonging to the district, taluqa and local cadres within the district
taluqa and gram or nagar clearly show that the servants are not the
servants of the individual panchayats but belong to a centralised
service. Sec. 205 provides that appointments to posts in the Pancha-
yat service shall be made (i) by direct recruitment, (ii) by promotion H
or (iii) by transfer of a member of the State service to the Pancha-
yat service. This provision which enables an appointment to be

'
308 SUPREME COUllT REPORTS (1983] 2 s.c.11..

A made to a post in the Panchayat Service by transfer of a member of
the State service necessarily implies that the panchayat service is also
a service under the State. Secs. 157 and 158 provide for the
transfer of certain functions performed bY., the Government to
Panchayat Institutions togetlier with funds and staff. Sec. 325, as
we have already seen, provides that secretaries, all officers and
B servants in the employ of old village panchayats shall be secretaries,
officers and servants of the new gram panchayats. It is not disputed
that Talaties and Kotwals, who were Government Servants, were the
Secretaries and officers of old village panchayats. Now, Sec. 206 (1)
(i) provides for the allocation to the Panchayat service of such
c number of officers and servants out of the staff transferred to the
panchayat under Sec. 157, 158 and 325, as the Government may
deem fit. Sec. 206 (l) (iii) further provides for the allocation to the
Panchayat service of such other officers and servants employed in
the State service as may be necessary to enable the panchayats to
discharge efficiently their functions and duties under the Act.
D Obviously this transfer and allocation of members of State services
to the Panchayat service under Sections 157, 158, 325, 206 (I) (i)
and 206 (I) (iii) will be impermissible unless the Panchayat service
is also a service under the State. Otherwise, there would be a patent
violation of the provisions of Art. 311 of the Constitution. Sec.
206A authorises a review of allocation within a period of four years
and reallocation to the State service of these transfers under Sections
E 157 and 158. The very idea that there can be an allocation to the
Pancbayat Service from a State service and a reallocation from the
Panchayat Service to the State Service is only consistent with the
Panchayat Service also being a service nnder the State.

Considerable stress was laid by the Counsel for the State of
F
Gujarat on the statement in Sec. 203 that such service (Panchayat
Service) shall be distinct from the State service. We do not think this
is to be interpreted :as a disclaimer by the Legislature that the Pancha-
yat service is a service under the State. All that it can possibly mean
is that the Panchayat service is not a service which can be identified
G with other State Services for the reason that while the Panchayat
service too discharges the duties connected with the affairs of the
State, it does so not directly under the State but under the various
Panchayat Institutions to whom are delegated or transferred certain
functions of the State Government. Panchayat Service is dfstinct
H from a State Service because the Panchayat institutions whom it
serves together constitute an almost parallel but subsidiary Govern-
ment. It is only in that sense Panchayat Service is distinct from a
GU!All.AT ··.RAMAN LAL (Chinnappa Reddy, J.) 309

State Service and not in the same that members of the service are A
not servants of the State.
)
It is also argued that the several Panchayat Institutions are
declared to be bodies corporate by the Act and, therefore; their
servants cannot be Government servants. We are unable to see any
force in the submission. Government servants do not cease to be B
Government servants merely because, for the time being, they are
allotted to different Panchayat Institutions and are paid out of
the funds of those institutions. We' have already explained why the
-0'' servants belonging to the various cadres of the Panchayat service
cannot be considered to be servants of individual pancbayats. It is
nnnecessary to pursue the matter further.
c
We are, therefore, of the view that the Panchayat_ Service
constituted nnder Sec. 203 of the Gujarat Pancbayats Act is a civil
service ·of the State and that the members of the service are Govern-
ment servants. This very ques.tion had been decided by the High D
• Court of Gujarat more than 15 years back in G.L. Shukla and Anr.
v. The State of Gujarat(') and there appears no good reason
to depart from the view then taken by the High Court. Bbagl\'ati
J., who spoke for the Court bad said, "The Pancbayat Service
contemplated under the Act is as much a civil service of the
State as the State Service. The legislature by enacting the Act E
provided for the establishment of the Pancha yat Organisation
of the. State and !for the 'efficient administration of the
Panchayat Organisation, particularly in view of the fact that a large
part of the service personnel would be drawn from different sources
and would, therefore, be heterogeneous in composition with widely
differing scales of pay and conditions of service, the Legislature felt F
that it would be desirable to have a separate civil service of persons
employed in the discharge of functions and duties of panchayats
with uniform scales of pay and uniform conditions of service and,
therefore, with that end in view the Legislature provided for cons-
titution of the _panchayat service. All the provisions of the Act
relating to the panchayat service point unmistakably and inevitably G
to one and only one conclusion, namely, that the panchayat service
is one single service with the State as the master. The panchayat
service is to be constituted by the State Government and its strength
is also to be determined ·by the State Government. Sec. 203 sub·
sec. (2) says that the panchayat service shall consist of such classes, H
(I) 8 G.L. R. 833.

._y-- --·
310 SUPB.llMIB COURT aEPORTS [1983] 2 s.c.a.

A cadres and posts and the initial strength of officers and servants in
each such class and cadre shall be such as the State Government
may be order from time to time determine ................................ .
•
.
.. ...... ......... ... ... ... . " ............................................................
"The provisions of different cadres in the panchayat service and the
transferability of persons employed in the panchayat service from a
B post in the district cadre to a post in any taluka in the district and
from a post in the taluka cadre to a post in any taluka in the district
and from a post in the taluka cadre to a post in any gram or nagar
in the same taluka emphasize that the panchayat service is one
single service with one master, namely, the State and each panchayat
is not the master of the servant employed in the discharge of its
c functions and duties. It is difficult to imagine that the Legislature
should have provided for transfer of servants from one master to
another ............................................................................ .
...
... ...... ... ... ······ ······ ... ······ ....................................
·····~··· ..... .
"The mode of recruitment, the conditions of service and matters
relating to appointments, transfers and promotions of persons emp-
D
loyed in the panchayat service as also disciplinary action against
•
them are all determined by the State Government and that is con- ·
sistcnt only with the State being the master in the entire panchayat
service. The mandatory provision for promotion from panchayat
service to State service which is required to be made in the rules also
I shows that both the services are services of the State. There could
be no question of promotion from one service to another if the
masters in the two services were different. Then it would be a
case of termination of one s.ervice and appointment to another ...... .
...
... ... ... .. ... ... ...... ········· ......... ······ .................................... .
"Then comes Sec. 206 which provides for making of an order of
F allocation to the panchayat service .......................................... .

"This provision relating to allocation of officers and servants under
clauses (i) and (iii) does not contemplate any termination of service
of such officers and servants or any fresh appointment to a new
service. There is no concept of termination of the existing service
G and reappointment to a new service involved in the process of allo-
cation: the concept is only of transfer from one service of the State
to another without any break in the continuity of service and that
clearly postulates that both services are under the same master,
namely, the State. Sec. 206A also reinforces this conclusion. It
H makes the initial allocation provisional and permits the State to
GUJA!l.AT v. RAMAN LAL (Chinnappa Reddy, J.j 311

review the allocation within a period of four years from 1st April, A
)
1963 ................................................................................... .
"It is not possible to believe that the officer or servant could have
been intended by the Legislature to be treated like a chattel which
can be tossed about from one master to another. The only reason-
able way of looking at the matter seems "to be and that conclusion is
inevitable on the language of these provisions, that the panchayat B
service is a civil service of State like 'the State service and since both
Ille services are civil services o°fthe State with the State as the master

-r an officer or servant can be allocated from the State service to the
panchayat service and re-allocated from the panchayat service
to the State '.service ............................................................... .
"The conclusion which emerges from this discussion is that the pan-
c
chayat service is a distinct and separate service set up for serving the
Panchayat Organisation of the State and it is as much a civil service
of the State as the State service.. The State can have many services
) such as State Service, police service, engineering service etc. and
panchayat service is one of them. In the panchayat service, as in D
the State service, the State is the master and every officer or servant
employed in the panchayat service is the servant of the State and
not of the panchayat under which he may b: serving for the time
' being. The panchayat service is one single service with the State as
the master."
~ E
We entirely agree with the above observations of the learned
Judge;

_!._' It was argued that the High Court was wrong in issuing
directions for equation of posts, revision of pay scales and payment
of salaries. We do not think that the High Court committed any
error in issuing the directions which were consequential to its
findings. The High Court had directed the State Government to
discharge its statutory duty to make orders for the equation of posts
and to extend the benefits arising out of the reports of the two Pay
Commissions, which benefits had been denied to"the local cadre only.
The obligation to make provision for the payment of salaries, G
allowances and other benefits to Government servants did not cease
by their being allocated to Panchayat Institutions, notwithstanding
that Sec. 204 places an obligation ·on the Panchayat under whom an
officer or servant of the Panchayat service may service for the time
being to meet the expenditure towards the pay, allowances and H
benefits availab_le to such officer or servant. We do not have any
doubt that the case was correctly decided by the High Court and

.._.----· ----...-.
312 SUPREME COURT REPORTS [1983] 2 s.c.R.

A that the appeal deserves to be dismissed with costs which we quan-
tify at Rs. 15,000.
•
We then come to the Writ Petitions. As mentioned by us
earlier, the Gujilrat Panchayats Act was amended during the
pendency of the appeal in an effort to nullify the effect of the
B judgment of the Gujarat High Court. First, the Government
promulgated an ordinance and next the legislature enacted the
Amending Act.

Sec. 1 of the Amending Act stipulates the dates from which
C the various amending provisions must be deemed to have come
into force. We shall refer to the dates from which some of the
provisions are deemed to have come into force when we refer to
those provisions.
(

D By Sec. 2 of the Amending Act, original Sec. 11 (t) which
declared that the Gram panchayats, Taluqa panchayats, District
panchayats, Gram . sabhas, Nagar Panchayats and Conciliation
Panchas shall constitute the Panchayat organisation of the State
of Gujarat was omitted and original Sec. 11 (2) which provided
for the control of the State Government over panchayats directly
E or through their officers was made Sec. 11. It is extremely difficult
to understand the omission of old Sec. 11 (I). The whole object
of the Gujarat Panchayats Act is "democratic decentralisation of
power and the consequent reorganisation· of the administration of
Local Government''. The object is to decentralise and reorganise.
F So it was thought that Gram Panchayats, Nagar Panchayats,
Taluqa Panchayats, District Panchayats, etc. should constitute the
panchayat organisation of the State of Gujarat. The object of the
Act is still the same, yet s. 11(1) has been omitted. Does it mean that
there is a disbandment of organisation ? According to the State-
ment of Objects and Reasons, the amendments were necessitated to
get over the judgment of the Gujarat High Court that the Panchayat
G
Service is a State Service. But surely that can't be a reason to go
against the object of the Principal Act and to abandon the consti-
tution of a State Panchayat Organisation. No wonder it was
described as an act of cutting the nose to spite the face. We may
mention here that s. 2 is deemed to have come into force on
8 February 24, 1962, the date on which the origina s. 11 came into
force.

-- --r -
GUJARAT v. RAMAN LAL. (Chinnappa Reddy, J.) 313

Sec. 3 of the Amending Act introduced substantial changes A
in i;. 102. While the provision that there shall be a Secretary for
every Gram panchayat and Nagar panchayat, who shall be
_ appointed in accordance with the rules, was retained, a proviso was
added in the following terms : "Provided that where on account
of conversion of municipality into a Gram panchayat or a Nagar
panchayat under. s. 307, an officer of a municipality becomes a B
Secretary of such panchayat or where any person not .being a
Talati·cum-Panchayat Secretary is appointed as a Secretary to such

-r panchayat, such Secretary shall not be governed by the rules so made
and the rules for regulating recruitment and conditions of service
of such Secretary shall be such ·as the Panchayat may, subject to
general or special order of the State Government, by its resolution
determine". . The provision in the original s. 102 (I) (b) which
en!lbled the Gram panchayat or Nagar panchayat to have such
other servants as may be determined under s. 203 and which provi·
ded that such servant shall be appointed by such authority and
their conditions of service shall be such as may be prescribed was
omitted and in its place a new s. 102 (I} (b) was substituted enab-
D
ling the Gram panchayat itself to appoint such servants as may be
necessary for the proper exercise of its powers, discharge of duties
and performance of functions and further providing that the rules
for regulating recruitment and conditions of service of such servants
shall be made by the Panchayat itself. An explanation was added to
say that the expression 'servants' included a Secretary referred to in
the proviso to cl. (a). A further cl. (c) was introduced after els. (a)
and (b) of s_. 102 (I) and it is as follows : "Notwilhstanding any
thing contained in any judgment, decree or order of any court, - (i)
the officers and servants of a Gram Panchyat, as the case may be, of
a Nagar Panchayat shall. be and shall be deemed to have always
been the officers and servants of such Gram Panchayat or Nagar F
Panchayat; (ii) the expenditure towards· the pay and allowances of,
and other benefits available to, a servant of the Gram Panchayat
or, as the case may be, Nagar Panchayat, shall be met by that
Panchayat from its own fund".
G
The mischief of the new proviso to s. 102 (I) (a) is manifest.
Amongst persons to be appointed as Secretaries of Gram and Nagar
Panchayats, persons who were previously Talati-cum·Panchayat
Secretaries were to be appointed as Secretaries in accordance with
the rules, but the rules were not to apply to officers of municipalities,
who became Secretaries of Panchayats consequent on conversion
314 SUPREME OOURT REPOltTS [1983] ~ s.c.R.

of municipalities into Gram and Nagar Panchayats under
s. 307. The conditions of service of the latter category were to be
regulated by the panchayat itself, by resolution, and not by any
rules made by the Government as in the case of the others. Other
servants of Gram and Nagar Panchayats were also to be appointed
by the Panchayats and their conditions of service were also to be
regulated by the Gram and Nagar Panchayats. Notwithstanding
any judgment of the court, the officers and servants of Gram and
Na.gar Panchayats were to be deemed to have always been officers
and servants of such Nagar and Gram Panchayats. The amended
s. 102 (I) was to be given retrospective effect from February
24, 1962. In other words, the non-Talati Secretaries and other
officers and servants of the Gram and Nagar Panchayats were to be
deemed to be servants of the Gram and Nagar Panchayats, not-
withstanding the judgments of the courts which had declared them
to. be Government servants.

D By Sec. 4 of the Amending Act a proviso was added to
s. 157 (3) of the Principal Act barring the District Panchayat from
transferring its staff to a Gram or Nagar Panchayat consequent on
the delegation of functions, powers and duties to a Gram or a Nagar
Panchayat.

E By sec. 6 of the Amending Act, s. 203 of the Principal Act
was substantially amended. While s. 203 (I) of the Principal Act,
as it stood originally, provided for the constitution of a Panchayat
Service for the purpose of bringing about uniform scales of pay )
and uniform conditions. of service for persons employed in the
discharge of functions and duties of panchayats and declared that
F such service shall be distinct from the State Service, the new sub-sec.
(I) introduced by cl. (I) of s. 6 of the Amending Act, is as follows :
"(I) In order to enable taluka panchayats and district panchayats
to exercise their powers, discharge their duties and perform their
functions effectively and efficiently, there shall be constituted a
G Panchayat Service consisting of persons employed in connection
with the affairs of taluka panchayats and district panchayats and
of specified servants, and notwithstanding anything contained in
any judgment, decree or order of any court s.uch persons and
servants shall be and shall be deemed to have always been the
H officers and servants of the taluka panchayats or, as the case may be,
the district panchayats.
.
GUJARAT v. RAMAN LAN (Chinnappa Reddy, J.) 315
1
Explanation-In this sub-sec., the expression "specified A
servants" means-

(a) talatis-cum-Panchayat secretaries discharging the functions
of gram panchayat_s or of nagar panchayats, and

Jb) kotwals." B
Sec. 203 (2A) was amended by omitting reference to local
cadres.

Old Sec. 203 (4) (a) which obliged the making of a rule
containing a provision entitling servants of such cadres in the c
panchayat service to promotion to such cadres in the State service
as may be prescribed was omitted ·and in its place a new cl. (a)
was substituted by cl. (4) of s. 6 of the Amending Act and it is as
follows :-

"(a) A provision entitling persons holding such class of posts D
in the district cadre to be recruited to such cadre in the State service
as .may be prescribed.''

The opening clause of the new s. 203 is extremely curious.
It gives the reason for constituting the new Panchaya t Service of
the Amending Act. The reason, it appears, is to enable taluka E
panchayats and district. panchayats to exercise their powers,
discharge their duties and perform their functions effectively and
efficiently. But then what about the Gram and Nagar Panchayats
which are at the very foundations of the whole idea of democratic
decentralisation of powers in favour of panchayat institutions ?
The entire Panchayat superstructure has to stand on the base of F
Gram and Nagar Panchayats and obviously there can be no
vigorous and strong Local Self-Government institutions without
efficient and effective Gram and Nagar Pancbayats. It is, therefore,
difficult to discover the logic behind excluding Gram and Nagar
Panchayats from the benefits of a centralised, effective and efficient
G
sel'Vice.

·The vice of the new provmon is again obvious. Local cadre
is made to _appear to be excluded from the Pancbayat Service, but
not truly so. In the guise of 'specified servants' are brought in, l:l
as if by the back door, talatis-cum-Panchayat Secretaries function-
jn~ in Gram or Nagar pancbayats~and Kotwals; What is done iq
..
316 SUPREME: COURT REPORT~ (1983) 2 S.C.R.

A truth is that employees of gram or nagar panchayats, other than
Talatis-cum-Panchayat Secretaries and Kotwals alone, and this
primarily means, the ex-Municipal employees are excluded from the
Panchayat Service and the judgment of the court that they form
part of a centralised State Service, is sought. to be nullified, by
giving effect to els. (!) and (4) of s. 6 of the Amending Act from
B February 24, 1962.

/ By s. 8 of the Amending Act, s. 209 (I) (i) was amended by
substituting the figures and word '157 and 158' for the figures and
word '157, 158 and 325'. In Sec. 206 (1) (la), the clause 'All
c officers and servants of municipalities dissolved under s. 307' was
substituted by the clause "all persons who have under cl. (x) of
S. 325 become the secretarie11 of new gram panchayats and kotwals".
In the rest of S. 206 wherever the words 'the panchayats' were used,
the words 'the district and .taluqa panchayats' were substituted.
The real effect of S. 8 of the Amending Act is to take out "all
D officers and servants of the municipalities dissolved under S. 307"
from the applicability of S. 206 though S. 206 is made otherwise
applicable to all other categories of officers and servants allotted to a
panchayat.

By S. 10 of the Amending Act, two new sections S. 206 (AB)
E and S. 206 (AC) are introduced, the object of which is really to
give options to those offic:ers and servants who are a.llotted or
transferred to panchayats, under the various provisions of the Act.
These provisions are obviously introduced to defeat an argument
that allotment and transfer of Government servants to a non-
Government service is violi.tive of Art. 311.
F
By Sec, 14 of the Amending Act, a new Sec. 21 l(A) is introduc-
ed the effect of which is that the allocation of officers and servants
of erstwhile municipalities and officers and servants of old village
panchayats was to cease and those officers and servants were to be
G deemed to have always· been officers and servants of the gram and
nagar panchayats. It wa:< as if these officers and servants never
had to be allocated by any order of the Government, but they had
automatically became officers and servants of the new gram
pancbayats. There was no question of any option. They could take·
H it or leave it. They were not to be treated as having been Govern··
ment servants at any time.
.
GUJARAT v. RAMAN LAL_ .(Chlnnappa Reddy, J.) 317

Other provisions of the Amending Act were merely A
consequential to the confining of the Panchayat Services to district
or taluqa cadres.

From the summary of the prov1S1ons of the 'Amending Act
that has been set out · above it require$ no perception to recognise B
the principal. target ot the ainending legislation as the category of
ex-municipal employees', who are, so to say, pushed out of the
Panchayat Service and are to be denied the status of Government
servants and the consequential benefits. The ex-municipal employees
are virtually the "poor relations", the castle, the Panchayat Service,
is not for them nor the attendant advantages, privileges and per-
quisites, which are all for the "pedigree descendants" only. For
c
them, only the out-houses. As a result of the amendments they
cease to be Government servants with retrospective effect. Their
earlier allocation to the Panchayat Service is cancelled with
retrospective effect. They become servants of Gram and Nagar
Panchayats with retrospective effect. They are treated differently D
from those working in taluqa and district panchayats as well as
from the talatis and Kotwals working in Gram and Nagar
Panchayats. Their condJtions of service are to be prescribed by
panchayats, by resolution, whereas the conditions of service of
others.are to be prescribed by the Government. Their promotional
prospects are completely wiped out and all advantages which they II
would derive as a result of the judgments of the courts are taken
away .

.l Several grounds were urged before us to attack the consti-
tutional validity of the Amending Act. It was said that the
F
provisions of the Act were violative of Art. 311. It was said that ·
the Act was discriminatory. It was urged that the retrospectivity
given to the provisions of the Amending Act could not cure the
discrimination introduced by tho Act and sought to be perpetuated
by it. In any case it was said that the benefits acquired could not
be taken away with retrospective effect. On the other hand, it G
was argued that there_ was good reason for the classification and that
in the circumstances of the case, the classification was legitimately
made with retrospective effect.

B
It is here necessary to recapitulate a few facts. When the
l'~ncharat Service was initiallr constituted soon after the passin8 of
...

318 SUPREME COURT REPORTS [1983] 2 s.c.R.

A the Cujarat Panchayats Act, there were three cadres, the district
cadre, the taluqa cadre and the local cadre. Secretaries, officers and
servants of the old village panchayats under the Bombay Village Pan-
chayats Act, 1958 became Secretaries, Officers and servants of the
new Gram Panchayats under s. 325 (2)(x) of the Gujarat Panchayats
Act, 1961. Talatis and Kotwals, who were Government servants
B were Secretaries and officers of the old village panchayats under the
Bom_bay Village Panchayats Act and so they-became secretaries and
officers of the new gram pancbayats under the Gujarat Panchayats
Act, 1961. Some municipalities
, constituted for municipal districts
and municipal boroughs under the Bombay District Municipal Act
and the Bombay Municipal Boroughs Act as applied to areas in the
c State of Gujarat, were converted into ·gram and nagar panchayats
under s. 307 of the Gujarat Panchayats Act and all officers and
servants in the employ of su1;h municipalities became officers and
servants of interim panchayats and allocated to the Panchayat
Service. Thus, Secretaries and Officers of dissolved municipalities
D also became Secretaries and officers of gram and nagar panchayats.
District Local Boards constituted under the Bombay Local Boards
Act stood dissolved on the passing of the Gujarat Panchayats Act
and all officers and servants in the employment of the Board were
·deemed to be transferred to the service of the successor district
panchayat under s. 326 of tbe Gujarat Panchayats Act. Also allo-
cated to the Panchayat .Service were those Government servants
who were transferred to the Panchayats under s. 157 and such others
officers and servants employed in the State Service as were necessary
(s. 206 (iii)). All these Secretaries, officers and servants became
members of a service under the State as soon as they were allocated
the Panchayat Service. Now, by the Amending Act, secretaries,
officers and servants of Gram and Nagar Panchayats who were
allocated to the Panchayat service from the ranks of the ex-munici-
pal employees are sought to be meted out differential treatment from
the other members of the Panchayat Service, more particularly the
· Secretaries, officers and ser•1ants of Gram and Nagar Panchayats
who were arawn from the ranks of secretaries, officers and servants
G of old village panchayats, that is the Talatis and Kotwals Their
status as members of a sen·ice under the State .is to go with no
option to them. Retrospectivity is sought to be given to the amending
act so that they could not claim that they were ever Government
servants and so co'Jld not be made to cease to be Government
H servants and so that they could not claim thatthey were singled out
for differential treatment, for, _if they were never in the Panchayat
GUJARAT v. RAMAN LAL (Chinnappa Reddy, J.) 319

Serv_ice, they could not complain of being taken out of the Pancha-
yat Service. A

Now, in 1978 before the Amending Act was passed, thanks to
the provisions of the Principal Act of. 1961, the ex-municipal emp-
loyees who had been allocated to the Pancbayat Service as Secreta- B
ries, Officers and servants of Gram and Nagar Panchayats, bad
achieved the status of government servants. Their status as Govern·
ment servants could not be extinguished, so long as the posts were
not abolished and their services were not terminated in accordance
with the provisions of Art. 311 of the Constitution. Nor was it
permissible to single them out for differential treatment. That would
offend Art. 14 of the Constitution. An attempt was made to justify
c
the purported differentiation on the basis of history and ancestry,
as it were. It was said that Talatis and Kotwals who became Secre-
taries, officers and servants, of Gram and Nagar Panchayats were
Government servants, even to start with, while municipal employees
who became such secretaries, officers and servants of Gram and Nagar D
' Pancbayats were not. Each carried the mark or the 'brand' of bis.
origin and a classification on the basis of the source from which they
came into the service, it was claimed, was permissible. We are clear
that it is not. Once they had joined the common stream of service to
perform the same duties, it is clearly not permissible to make any
classification on the basis of their origin. Such a clarification would
be unreasonable aud entirely irrelevant to the object sought to be
achieved. It is to navigate around these two obstacles of Art. 311
•
and Art. 14 that the Amending Act is sought to be made restrospec-
tive, Id bring about an artificial situation as if the erstwhile munici-
pal employees never became members of a service under the State.
Can a law be made to be destroy today's accured constitutional 11
rights by artificially reverting to a situation which existed seventeen
years ago? No.

The legislation is pure and simple, self-deceptive, if we may
use such an expression with reference to a legislature-made law. The G
legislature is undoubtedly competent to legislate with retrospective
effect to take away or impair any vested right- acquired under exist-
ing laws but since the laws are made under a written Constitution,
and have to conform to the do's and don'ts of the Constitution
neither prospective nor retrospective laws r.an be made so as to H
contravene Fundamental Rights. The law must satisfy the require·
ments of the Constit11tion today ta1'ing into account" the accrued of
320 SUPllME COURT RBPOITS (1983] 2 S,C,R

A acquired rights of the parties today. The law cannot say, twenty
years ago the parties had no rights, therefore, the requirements of
the Constitution will be satisfied if the law is dated back by twenty
years. We are concerned with today's rights and not yesterday's.
A legislature cannot legislate today with reference to a situation
that obtained twenty years ago and ignore the march of events and
8 the constitutional rights accrued in the course of the twenty years.
That would be most arbitrary, unreasonable and a negation of
history. It was pointed out by a Constitution Bench of this Court in
BS. Yadav and Others etc . v. State of Haryana and Others etc.( 1)
Chandrachud CJ., speaking for the Court, "Since the Governor
exercises the legislative power under the proviso to Art. 309 of the
c Constitution, it is open to him to give retrospective operation to the
rules made under that provision. But the date from which the rules
are made to operate, must be shown to bear either from the face of
the rules or by extrinsic evidence, ~easonable nexus with the provi-
sions contained in the rules, especially when the retrospective effect
extends over a long period as in this case". Today's equals cannot
D be made unequal by saying that they were unequal twenty years ago
and we will restore that position by making a law today and making
it retrospective. Constitutional rights, constitutional obligations
and constitutional consequences cannot be tempered with that way.
A law which if made today would be plainly invalid as offending
constitutional provisions in the context of the existing situation
E cannot become valid by being made restrospective. Past virtue (cons-
titutional) cannot be made to wipe out present vice (constitutional)
by making retrospective laws. We are, therefore, firmly of the view
that the Gujarat Panchayats (Third· Amendment) Act, 1978 is un-
constitutional, as it offends Arts. 311 and 14 and is arbitrary and
1
unreasonable. We have considered the question whether any provi-
sion of the Gujarat Panchayats (Third Amendment) Act, 1978 might
be salvaged. We are afraid that the provisions are so interwined
with one another that it is well-nigh impossible to consider any life
saving surgery. The whole of the Third Amendment Act must go.
In the result the Writ Petition Nos 4266-70 are allowed with costs
quantified at Rs. 15,0CO. The directions given by the High Conrt,
G
which we have confirmed, should be complied with before June 30,
1983. In the meanwhile, the employees of the Panchayats covered
by the appeal and th~ Writ Petitions will receive a sum of Rs. 200

H
(!);. [1981) I S.C.R. 1024•.
GU1ARAT v. RAMAN LAL (Chinnappa Reddy, J.) 321

per month over and above the emoluments they were receiving before A
February 1, 1978. This order will be effective from February 1, 1983 \
\

The interim order made on February 20, 1978 will be effective upto
> January 31, 1983. The amounts paid are to be adjusted later.

P.B.R. Appeal dismissed. 8
Petitions allowed.