SHIV MANORATH SHUKLA Vs. STATE OF U P

JUDGEMENT

(1.) The Petitioners, who were appointed as Panchayat Mitras in District Kaushambi in December, 2006, have filed this petition for quashing that portion of paragraph 4 of the Government Order dated 25th August, 2010 which provides that where Gram Panchayat Rojgar Sewaks have completed three years of working, fresh selection proceedings should be undertaken for appointment of Rojgar Sewaks in accordance with the Government Order dated 23rd November, 2007. A further prayer has been made for restraining the Respondents from taking any action in pursuance to the aforesaid paragraph 4 of the Government Order.

(2.) The Panchayat Raj Department of the State Government issued a Government Order dated 3rd July, 2006 notifying a Scheme for appointment of Panchayat Mitras in Gram Panchayats under the National Rural Employment Guarantee Act, 2005 (hereinafter referred to as the 'Act') in twenty two districts including District Kaushambi. The said Government Order dated 3rd July, 2006 provides for appointment of a Panchayat Mitra in each Gram Panchayat of the specified districts to provide administrative assistance for implementing the National Rural Employment Guarantee Scheme (hereinafter referred to as the 'Scheme'). The appointment is to be made on contractual basis for a period of one year or till the continuance of the Scheme, whichever is earlier, on a monthly honorarium of Rs. 2000/-. However, after the expiry of the period of one year, fresh selection is required to be made but if the work of the Panchayat Mitra during this period of one year is found to be satisfactory, then the Gaon Sabha can pass a resolution for renewal of the contract for a period of one year at a time subject to the maximum period of two years.

(3.) On 23rd November, 2007, the State Government issued another Government Order changing the designation of Panchayat Mitra to Gram Rojgar Sewak and such appointments stood transferred from the Panchayat Raj Department to the Gram Vikas Department of the State Government. The other conditions substantially remained the same.