ASHOK KUMAR PANDEY Vs. STATE OF U P

JUDGEMENT

(1.) By means of this writ petition the petitioners have approached this Court for issuing a writ of certiorari quashing the impugned circular dated 19.7,2005 issued by the Chief Secretary, Government of U.P., Annexure-3 to the writ petition and further in the nature of mandamus commanding the respondents not to interfere in the working of the petitioners as Gram Panchayat Vikas Adhikari.

(2.) The facts arising out of the writ petition are that the petitioners initially appointed as regular Tube Well Operators in the Irrigation Department. All the petitioners were confirmed employees and were getting pay scales and other benefits payable to the regular Tube Well Operators. That vide 73rd Amendment in the Constitution a new Sub Article 243G was inserted in the Constitution, which reads as under:

(3.) Considering the discharge of function by Gram Panchayat more effectively a Government Order was issued on 1.7.1999 wherein apart from the other aims and objects, terms and conditions, a policy decision was taken to appoint employees of as many as 8 government departments including the employees like, the petitioners (Regular Tube Well Operators) and all such employees were designated as multi purpose Panchayat workers. A copy of the said Government Order has been filed as Annexure-1 to the writ petition. That consequent upon the Government Order, the petitioners were appointed in the Gram Panchayats and they were working as Gram Secretaries of the respective Gram Panchayats. It is submitted that in order to cope up with the object sought to be achieved through the 73rd Amendment in the Constitution as provided under Article 243-G and Amended Act i.e. U.P. Act No. 27 of 1999 was enacted by which new sections i.e. Section 25 and Section 25-A were inserted in the U.P. Panchayat Raj Act 1947 which are being reproduced below: 25, Staff- (I) Notwithstanding anything contained in any other provisions of this Act, any Uttar Pradesh Act, rules, regulations, or bye-laws or in any judgment, decree or order of any court,