AJIT NARAYAN SAHOO Vs. STATE OF ORISSA

JUDGEMENT

(1.) THESE two Writ Petitions have been filed seeking relief for issuance of a writ of mandamus commanding the Opposite Parties to accord approval on the recommendation made by the Selection Committee selecting the Petitioner in each of the Writ Petitions as Secretary of Gram Panchayat. Petitioner in W.P.(C) No. 5151 of 2003 was selected by the duly constituted Selection Committee as Secretary of Dimbo Gram Panchayat whereas the Petitioner in W.P.(C) No. 5152 of 2003 was selected as such for the Naranpur Gram Panchayat both in the district of Keonjhar. Since in both the cases the facts and the question of law involved are same, they were taken up together and are being disposed of by this common Judgment.

(2.) SINCE the post of Secretary of the aforesaid two Gram Panchayats were lying vacant, the Gram Panchayats concerned/decided to fill up the posts and as such selections were made for selecting the Secretaries of those Gram Panchayats according to the Government Order Dated 24.3.2001 by which the Selection Committee was constituted with the following persons:

(3.) UNDER Rule 212 of the Gram Panchayat Rules, it has been provided that no person shall be appointed as Secretary of a Gram Sasan without the previous approval of the District Panchayat Officer. Under Rule 213 of the Gram Panchayat Rules, the following procedure has been provided for selection of the candidates for Secretary of Gram Panchayat. The same is reproduced as under: