VINOD KUMAR PANDEY Vs. STATE OF U P

JUDGEMENT

(1.) IN these batch of writ petitions, the petitioners were appointed as Tubewell Operators in the Irrigation department of the State of U.P. Subsequently, their services were transferred to different Gram Panchayats and are presently working as Gram Panchayat Vikas Adhikari. The controversy involved, starts from the year 1994, when Article 243G was inserted in the Constitution of India, which gave powers, authority and responsibility to the Gram Panchayat. For facility. Article 243G of the Constitution is quoted hereunder:

(2.) BASED on the aforesaid Article 243G, and in furtherance of the objectives of the 73rd Amendment, the State government issued a Government Order dated 12.4.1999 transferring certain employees from various department to the Gram Panchayat. In furtherance to the objective engrafted in Article 243G of the Constitution, U.P. Panchayat Raj Act 1947 was also amended and Section 25 was substituted by a new provision. The substituted Section 25 vide Amendment Act No. 27 of 1999 is quoted hereunder :

(3.) ON the basis of the aforesaid substitution of Section 25, the State Government issued a Government Order dated 30.6.1999, revoking its earlier Government Order dated 12.4.1999 and, on the very next day, i.e. 1.7.1999, issued a Government Order under section 25 of the Panchayat Raj Act, transferring government servants from almost eight departments to the Gram Panchayat. By this Government Order, these Tubewell Operators also were given the designation of a Gram Panchayat Vikas Adhikari. By this Government Order, the tubewell and water resources management was to be under the direct control of the Gram Panchayat and a multi purpose Panchayat employment was formulated, which was to serve the Gram Panchayat. These employees were be transferred from various departments of the State Government to the Gram Panchayat. This Government Order further stipulated that the post of Tubewell Operator would henceforth be declared as a dying cadre.