Shishir Kumar, J. - (1.) By means of the present writ petition, petitioner No. 1 who has described himself as Gram Vikas Adhikari Sangh, Uttar Pradesh, District Unit Branch, Etawah and two others, have filed the present writ petition challenging the Government Order dated 16.9.2004 Annexure 15 to the writ petition issued by the Principal Secretary, Panchayat Raj which has been addressed to the District Magistrates giving instructions as to how the Gram Nidhi Account of Gram Panchayat shall be operated. The further relief claimed in the writ petition is for quashing the order dated 18.9.2004, Annexure 19-A to the writ petition, which has been issued by the Block Development Officer, Bdhpura, Etawah, and the order dated 20.9.2004 Annexure 19-B to the writ petition issued by the Block Development Officer, Bharthana, district Etawah, to the various Branch Managers of the concerned banks intimating that the Gram Nidhi Account, as per directions of the State Government shall be operated under the joint signatures of Gram Pradhan and Gram Panchayat Vikas Adhikari of the concerned Gram Panchayat and have also intimated about the cancellation of order, dated 4.9.2004, which is alleged to have not been in accordance with the Government Order, dated 16.9.2004. The petitioner further challenged the order dated 22.9.2004 issued by the Block Development Officer, Saifai, Etawah, Annexure 19-C and the order dated 23.9.2004, Annexure 19-D to the writ petition issued by the Block Development Officer, Jaswant Nagar posting 56 persons as part time tube-well operators as Gram Panchayat Vikas Adhikari in different Gram Panchayats directing that Gram Nidhi Account shall be operated under the joint signatures of Gram Pradhan and Gram Panchayat Vikas Adhikari, who will also work as Secretary.
(2.) The brief facts arising out of the present writ petition is that by 73rd Amendment of the Constitution inserted part 9 including Article 243-G in the Constitution of India in order to strengthen the village Panchayat system in the country and with a view to give more authority and responsibility to Gram Panchayat by empowering the State Government to make such provisions as necessary to enable them to function as institution of self governance by requisite legislative enactments/amendments. The State Government in furtherance of the aforesaid constitutional philosophy issued Government Orders transferring the employees of the certain cadres of eight departments and posting them under the supervision and control of village Panchayats. The said employees were to function as multi purpose workers with the designation of Gram Panchayat Vikas Adhikari and one of such employee in each village Panchayat was to be appointed as officiating Secretary of the Gram Panchayat. On 27.6.1999 U.P. Act No. XVII of 1999 substituted Section 25 and inserted Section 25-A in U.P. Panchayat Raj Act, 1947 empowering the State Government by special/general order to transfer any employee or class of employees serving in connection with the affairs of the State to serve under Gram Panchayat with such designation as may be specified and to be posted by such authority as notified by the State Government. On 30.6.1999 the Government Order dated 12.4.1999 which was issued prior to the aforesaid amendment was cancelled and on 1.7.1999 a new Government Order was issued by the State Government whereby the employees of certain cadres working in the eight departments were transferred to work under the control and supervision of the Village Panchayat. On 1.2.2000 the Government Order dated 1.7.1999 was challenged by the employees sought to be transferred. The Division Bench upholding the same in Special Appeal Nos. 591 and 709 of 1999 along with Writ Petition No. 33920 of 1999, Manbodh Kumar v. State of U.P. and Ors. held that since the aforesaid transfer does not affect the status of the transferee as Government servant and they continued to be Government employee, as such, the Government Order dated 1.7.1999 was valid. The State Government with the passage of time was informed by some of the concerned departments that on account of wholesale transfer of their employees on deputation to Gram Panchayat as they were feeling a lot of difficulties and, as such, the employees belonging to the three cadres were repatriated to their parent department vide Government Orders dated 6.6.2001 and 19.11.2001. The aforesaid repatriation order was challenged by the employees, but the same was upheld by the learned single Judge in the case of Krishna Kant Tiwari v. State of U.P. and Ors., 2002 (3) ESC 500 (All) (DB). Against the aforesaid order Special Appeal No. 94 of 2002 was dismissed by Hon'ble the Chief Justice and Hon'ble R.K. Agrawal, J. on 28.1.2002 and the order dated 1.8.2002 was upheld.
(3.) Again the employees of the three cadres namely Kisan Sahayat of Agriculture Department, Cane Supervisor of Cane Department and Gram Vikas Adhikari of Gram Vikas department were repatriated. Writ Petition No. 30054 of 2004, Gauri Shanker and Ors. v. State of U.P. and Ors., connected with various writ petitions was dismissed by the learned single Judge upholding the aforesaid repatriation vide its judgment and order dated 7.8.04. It. is also relevant to mention here that certain other writ petition bearing No. 31085 of 2004 connected with other writ petitions Subhash Chandra Pandey v. State of U.P. and Ors. were dismissed by another Court upholding the repatriation of the employees to their parent department vide judgment dated 20.8.2004. Against those orders Special Appeal No. 1005 of 2004 was filed and the Division Bench of this Court has also approved the judgment of the learned Single Judge vide judgment and order dated 25.8.2004. Somehow or the other to maintain the status of the Secretary of Village Panchayat or to retain the work particularly in the financial matter, i.e., village fund, the aforesaid repatriated employees in a surreptitious way have filed the present writ petition to claim right to operate Gram Nidhi Account of the Village Panchayat. Section 32 (4) of the U.P. Panchayat Raj Act, 1947 provides as follows : "32(4) All withdrawal of moneys from the Gaon Fund and disbursement thereof shall be made jointly by the Pradhan and the Secretary of the Gram Panchayat.";