TARUN AGARWALA, J. - (1.) IN these batch of writ petitions, the petitioners were appointed as Tubewell Operators in the Irrigation department of the State of U.P. Subsequently, their services were transferred to different Gram Panchayats and are presently working as Gram Panchayat Vikas Adhikari. The controversy involved, starts from the year 1994, when Article 243G was inserted in the Constitution of India, which gave powers, authority and responsibility to the Gram Panchayat. For facility. Article 243G of the Constitution is quoted hereunder: 'Article 243G. 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.'
(2.) BASED on the aforesaid Article 243G, and in furtherance of the objectives of the 73rd Amendment, the State government issued a Government Order dated 12.4.1999 transferring certain employees from various department to the Gram Panchayat. In furtherance to the objective engrafted in Article 243G of the Constitution, U.P. Panchayat Raj Act 1947 was also amended and Section 25 was substituted by a new provision. The substituted Section 25 vide Amendment Act No. 27 of 1999 is quoted hereunder : '25. Staff - [1] Notwithstanding anything contained in any other provisions of this Act, any Uttar Pradesh Act, rules, regulations, or bye -laws or in any judgement, 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 being so transferred and posted in a Gram 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 State Government. From a perusal of the aforesaid provision, it is clear that the persons who were being transferred would serve on the same terms' and conditions with the same rights and privileges as to their retirement benefits, etc. as they were enjoying earlier.
(3.) ON the basis of the aforesaid substitution of Section 25, the State Government issued a Government Order dated 30.6.1999, revoking its earlier Government Order dated 12.4.1999 and, on the very next day, i.e. 1.7.1999, issued a Government Order under section 25 of the Panchayat Raj Act, transferring government servants from almost eight departments to the Gram Panchayat. By this Government Order, these Tubewell Operators also were given the designation of a Gram Panchayat Vikas Adhikari. By this Government Order, the tubewell and water resources management was to be under the direct control of the Gram Panchayat and a multi purpose Panchayat employment was formulated, which was to serve the Gram Panchayat. These employees were be transferred from various departments of the State Government to the Gram Panchayat. This Government Order further stipulated that the post of Tubewell Operator would henceforth be declared as a dying cadre.;