- (1.) The petition which has been instituted in the public interest seeks a mandamus to the State Government of Uttar Pradesh for the appointment of Ombudsmen in every district of the State for redressal of grievances in regard to the implementation of the Mahatma Gandhi National Rural Employment Guarantee Act, 2005.
(2.) Section 27 empowers the Central Government to issue such directions as it may consider necessary to the State Government for the effective implementation of the provisions of the Act. On 7 September 2009, a notification was issued by the Central Government issuing instructions under Section 27 with the object of establishing a grievance redressal machinery for the disposal of complaints relating to the implementation of the Act and of the Schemes made. Under clause 2.2.1 of the instructions, the State Government was to appoint one or more persons but not more than three as Ombudsmen in each district. Clause 2.2.5 envisages that the appointment was for a tenure of two years, extendable by one year based on performance appraisal or till the incumbent attains the age of 65 years, whichever is earlier. Clause 2.2.1 provides for a Selection Committee consisting, inter alia, of a representative of the Union Ministry of Rural Development.
(3.) In pursuance of the instructions, the State Government issued an advertisement on 1 September 2012.;