BRAHMANANDA NAIK Vs. STATE OF ORISSA AND OTHERS

JUDGEMENT

(1.) This writ petition under Article 226 and 227 of the Constitution of India has been filed wherein the order dated 04.10.2017 issued by the Collector, Rayagada is under challenge whereby and whereunder the petitioner has been transferred as Gram Rojgar Sevak (in short "the GRS") engaged under the Mahatma Gandhi National Rural Employment Guarantee Act, 2005 (in short "the MGNREG Act, 2005").

(2.) The petitioner has also challenged the order dated 21.3.2013 issued by the Commissioner-cum-Secretary, Panchayatiraj Department whereby and whereunder the Collectors have been conferred with the power to transfer the GRSs from one Gram Panchayat to the other.

(3.) The fact which has been argued by the learned counsel appearing for the petitioner is that the petitioner is being engaged in pursuant to the scrutiny instruction issued under the signature of Commissioner-cum-Secretary, Panchayatiraj Department contained in letter No.17146 dated 25.8.2006 whereby and whereunder the petitioner is being appointed by the Panchayatiraj Institution Bodies, in which, Government has got no role or linkage to the engagement and as such, it is only the Sarpanch being the member of the Panchayatiraj Institution is competent to take decision to transfer the petitioner from one Panchayat to other or from one Block to another Block within the district.