K LAKSHMAYYA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioners in these two writ petitions are serving as clerks in several Gram Panchayats. They have filed these writ petitions challenging G.O.Ms. No. 370, dated 2nd September, 1968, issued by the Government and also the instructions issued by the Board of Revenue under Ref. No. 4933 Estt. IV of 1968 dated 1st August, 1969.

(2.) The contention of the petitioners is that the aforesaid G.O. Ms. No. 370, dated and September, 1968 and the instructions issued by the Board of Revenue run counter to the provisions of section 39 o the Andhra Pradesh Gram Panchayat Act (hereinafter referred to as the Act) and the Regulation made under the said Act in regard to the Executive Officers of the Panchayat (hereinafter referred to as the Regulation). Sub-section (1) of section 30 of the Act provides for the appointment of a whole-time Executive Officer by the Commissioner for any Gram Panchayat or for any group of contiguous Gram Panchayats which may be notified by him in this behalf. The proviso says that before notifying a group of Gram Panchayats under this sub-section, the Commissioner shall obtain the approval of the Government. It is not necessary to refer to all the sub-sections of this section. It is sufficient if I refer to sub-sections (3) and (7) which are material to the point raised before me. Sub-section (3) says that in the case of every Gram Panchayat not notified under sub-section (1), and also in the case of any Gram Panchayat so notified, if there is no Executive Officer-in-charge, the Sarpanch of the gram Panchayat shall subject to such rules as may be prescribed, exercise the powers and perform the functions of the Executive Officer. Sub-section (7) provides that the Executive Officer shall be subordinate to the Gram Panchayat. The Regulation provides for recruitment and ancilliary matters relating to Executive Officers. Rule 4 (2) speaks of the Constitution and states that the service shall consist of the following three grades of Executive Officers, viz., Grade I and Grade II, Clause (b) of the said Regulation speaks that the sanctioned strength of the service shall be the same as the total number of notified panchayats for the purpose of appointment of Executive Officers. Rule 4 (3) which provides for recruitment says in clause (a) that the appointment to the service of Executive Officer shall be made by the Inspector from the following classes of persons : (i) those in service of the State Government ; (ii) those in service of the Panchayats, Municipal Councils and Panchayat Samitis and Zilla Parishads, and (iii) direct recruits : Provided that direct recruitment shall be restricted to one-half of the vacancies. It is not necessary to refer to the other clauses of this Regulation or proviso to clause 3 (a) of this Regulation. The Government has issued G.O.Ms. No. 370 dated 2nd September, 1968. From the preamble of this Government Order, it appears that the same has been issued with the intention of making a provision for appointment of part-time Executive Officers to panchayats or group of panchayats, whose annual income does not exceed Rs. 10,000. The intention of this Government Order is to appoint the existing village level workers in the Pan- chayat Samithis to act as part-time group Executive Officers. Clause (1) of this Government Order, directs the Collector to group the panchayats in the district in such a way that each group will have an income of about Rs. 7,500 per annum. It further states that in areas where the number of villages is too big or the distance between the villages is too long as a result of such grouping, the Collector may form groups with lesser income subject to the condition that the total number of groups so formed does not exceed the number of Village Level Workers, available in the district.

(3.) Clause (2) of the Government Order, says that the appointment of Village Level Workers, as group Executive Officers, will be made by the Collector concerned on an ad hoc basis for the time being. By clause (4) 50 per cent, of the salary of the Village Level Worker or 10 per cent, of the total income including grant-in-aid, but excluding special grants of the panchayat, in the preceding year whichever is less, will be charged to the panchayat, towards the cost of the Group Executive Officer, clause (6) provides that the Village Level Workers, appointed as group Executive Officer-cum-Village Level Workers, will continue to draw the same pay and allowances as they are now drawing as Village Level Workers. Clause (7) reads that in respect of his work as group Executive Officer the Village Level Workers will be under the disciplinary control of the Extension Officer (panchayat) who will function under the Divisional Panchayat Officer.