MANBODH KUMAR LAL Vs. STATE OF U P

JUDGEMENT

(1.) In the writ petition as also in the special appeals on hand, the challenge is to the validity of the Uttar Pradesh Panchayat Raj (Amendment) Act, 27 of 1999 and the G. O. dated July 1, 1999 pursuant to which the services of the village level employees of the State Government serving in the departments referred to in the G.O. aforestated were transferred to Gram Panchayats. The learned single Judge dismissed the Writ Petition Nos. 27939 of 1999. U. P. Basic Health Workers and another v. State of U. P. and others and 27937 of 1999, Smt. Shobha Sharma v. State of U. P. and others, by means of the judgment and order dated 13.7.1999, the correctness of which has been canvassed in the instant special appeals. Writ Petition No. 3329 of 1999 has been instituted on behalf of the U. P. Gram Panchayat Adhikari Sangh whereas Writ Petition No. 27939 of 1999 from which stemmed the Special Appeal No. 591 of 1999 was instituted on behalf of the U. P. Basic Health Workers Association and Writ Petition No. 27937 of 1999 giving rise to Special Appeal No. 709 of 1999 was instituted by appellant Smt. Shobha Sharma, claiming herself to be the President of Mahila Karamchari Sangh, Uttar Pradesh--an Association of Auxiliary Nurses and Mid-wives. Since these cases are knit together by common questions of law, they are amenable to common disposal and accordingly have been taken up together for disposal by a composite order.

(2.) Sri Dinesh Dwivedi, learned counsel appearing for the appellant began his submission assailing the transfer of the employees under the Gram Panchayats while Sri R. P. Goel. Advocate General appearing for the State articulated his submissions in vindication of the U. P. Panchayat Raj (Amendment) Act, 1999 and the consequent transfer of services of the village level employees of the concerned departments.

(3.) In order to get a hang of the controversy involved in the case, a brief sketch leading to enactment of the U. P. Panchayat Raj (Amendment) Act, 1999, is necessary. It is by seventy third Amendment made in the year 1992 that Article 243G was inserted in the Constitution, which dwells upon powers, authority, and responsibility of Panchayats. It may be abstracted below as under :