(1.) The petitioners are working as Ombudsman in the nature of pro bono public service under the Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGS) (hereinafter referred to as "the Scheme" for short). The said Scheme is fully funded by the Central Government which aims to generate and provide employment in rural areas of the Country. The Scheme envisages the appointment of Ombudsman under Sec. 27 of the National Rural Employment Guarantee Act, 2005. The Central Government has issued instructions for appointment and continuation of the Ombudsman on 7/9/2009 in Exhibit P-2.
(2.) The appointment of Ombudsman under the Scheme is to be made by the recommendations of the Selection Committee consisting of Chief Secretary of the State Government as Chairperson, Representative of Union Ministry of Rural Development as Member, Eminent Civil Society Person nominated by Union Ministry of Rural Development as a member and Secretary, State Nodal Department as Member Convenor. The Ombudsman selected by the Selection Committee is to be appointed for a tenure of two years extendable by one year based on performance appraisal or till the incumbent attains the age of 65 whichever is earlier. It further provided that there shall be no re-appointment. The performance appraisal is made by the Selection Committee and a copy of the performance appraisal report is to be furnished to the State Employment Guarantee Council.
(3.) On unsatisfactory performance, the Ombudsman may be removed by the State Government on the recommendation of the Selection Committee.