Shishir Kumar, J. - (1.) By means of this writ petition the petitioners have approached this Court for issuing a writ of certiorari quashing the impugned circular dated 19.7,2005 issued by the Chief Secretary, Government of U.P., Annexure-3 to the writ petition and further in the nature of mandamus commanding the respondents not to interfere in the working of the petitioners as Gram Panchayat Vikas Adhikari.
(2.) The facts arising out of the writ petition are that the petitioners initially appointed as regular Tube Well Operators in the Irrigation Department. All the petitioners were confirmed employees and were getting pay scales and other benefits payable to the regular Tube Well Operators. That vide 73rd Amendment in the Constitution a new Sub Article 243G was inserted in the Constitution, which reads as under: "Article 243-G. Subject to the provisions of this Constitution, the Legislature of a State may, by law, endow the Panchayat with such powers and authority as may be necessary to enable them to function as institutions of self-government and such law may contain provisions for the devolution of powers land responsibilities upon Panchayat at the appropriate level, subject to such conditions as may be specified therein, with respect to (a) the preparation of plans for economic development and social justice. (b) the implementation of schemes for economic development and social justice as may be entrusted to them including those in relation to the matters listed in the eleventh Schedule. "
(3.) Considering the discharge of function by Gram Panchayat more effectively a Government Order was issued on 1.7.1999 wherein apart from the other aims and objects, terms and conditions, a policy decision was taken to appoint employees of as many as 8 government departments including the employees like, the petitioners (Regular Tube Well Operators) and all such employees were designated as multi purpose Panchayat workers. A copy of the said Government Order has been filed as Annexure-1 to the writ petition. That consequent upon the Government Order, the petitioners were appointed in the Gram Panchayats and they were working as Gram Secretaries of the respective Gram Panchayats. It is submitted that in order to cope up with the object sought to be achieved through the 73rd Amendment in the Constitution as provided under Article 243-G and Amended Act i.e. U.P. Act No. 27 of 1999 was enacted by which new sections i.e. Section 25 and Section 25-A were inserted in the U.P. Panchayat Raj Act 1947 which are being reproduced below: 25, Staff- (I) Notwithstanding anything contained in any other provisions of this Act, any Uttar Pradesh Act, rules, regulations, or bye-laws or in any judgment, decree or order of any court, (a) The State Government may, by general or special order, transfer any employee or class of employees serving in connection with the affairs of the state to serve under Gram Panchayats with such designation as may be specified in the order and thereupon posting of such employee or employees in Gram Panchayat; of a district shall be made by the authority in such a manner as may be notified by the State Government. (b) the employee or employees on be inn so transferred and posted in a dram Panchayat, shall serve under the supervision and control of the Gram Panchayat; on the same terms and conditions and with the. same rights; and privileges as to retirement benefits and other matters including promotion as would have been applicable to him immediately before such transfer and shall perform such duties as may be specified from time to time by the Stale Government. 2. Subject to the Provisions of sub-section (1), a Gram Panchayat may, after prior approval of the prescribed authority, appoint from time to time such employees as may be considered necessary for efficient discharge of its functions under this Act in accordance with such procedure as may be prescribed: Provided that the Gram Panchayat shall not create any post except with the previous approval of the prescribed authority. (3)The Gram Panchayat shall have power to impose punishment of any description upon the employees appointed under sub-section. (2) subject to such conditions and restrictions and in accordance with such procedure as may be prescribed. (4) The Gram Panchayat may delegate to the Pradhan or to any of its committees, subject to such conditions and restrictions as may be prescribed, the power to impose any minor punishment upon the; power to impose any minor punishment upon the; employees appointed under sub-seclion (2). (5)An appeal from an order imposing any punishment on an employee under sub-section (3) shall lie to such officer or committee as may be specified by the State Government by notification. (6)The prescribed authority may, subject to such conditions as may be prescribed, transfer any employee referred to in clause (b) of sub-section (1) from one Gram Panchayat to any other Gram Panchayat within the same district and the State Government or such other officer as may be empowered in this behalf by the State Government may similarly transfer any such employee from one district to another. (7) A Nyaya Panchayat may, with the previous approval of the prescribed authority, appoint any person on its staff in the manner prescribed. The person so appointed shall be under the administrative control of the prescribed authority who shall have power to transfer, punish suspend, discharge or dismiss him. (8)Appeal shall lie from an order of the Prescribed Authority punishing, suspending, discharging or dismissing a person under subsection (7) to an authority appointed in this behalf by the State Government). (25-A. Secretary:- The State Government or such officer or authority as may he empowered by it in this behalf shall appoint a Secretary from amongst the employees referred in clause (b) of sub-section (12) or sub-section (2) of Section 25, who shall act as Secretary of such Gram Panchayat; or Gram Panchayats, the Gram Sabhas concerned and the Nyaya Panchayats within whose territorial limits such Gram Panchayats are situated and perform such other duties as may be specified by the State Government or such officer or authority as may be empowered in this behalf by the State Government.).;