KAMLESH MEENA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ALL these writ petitions are filed against the order by which services of the petitioners have been terminated. This is not in dispute that petitioners were appointed on the post of Programme Officer pursuant to the advertisement issued on 4/6/2008. Petitioners applied for the post of Programme Officer as per the advertisement issued by the respondents in which, applications were invited from eligible candidates possessing Post Graduate qualification of M.S.W. or M.A or M.B.A. The appointments were made on contract basis. However, their services were terminated in some of these cases vide order dated 3/8/2009 pursuant to the notification of the government dated 9/1/2007 in SBCWP No.10616/2009 filed by petitioners Kamlesh Meena & 57 other petitioners. The Programme Officer (NREGA) Panchayat Samiti Sawai Madhopur vide order dated 3/8/2009 directed that their services shall stand terminated w.e.f. 31/8/2009. Similar orders have been passed pursuant to the Circular of the Finance Department dated 9/1/2007 in all other cases.

(2.) CONTENTION of the learned counsel for the petitioners is that respondents have taken wrong and incorrect interpretation of Section 15 of the National Rural Employment Guarantee Act, 2005 (for short, "Act of 2005"). Section 15 of the Act of 2005 provides that "at every Panchayat at intermediate level, the State Government shall appoint a person, who is not below the rank of Block Development Officer, with such qualifications and experience as may be determined by the State Government as Programme Officer at the panchayat at intermediate level".

(3.) THERE is additional reason why the government has decided to designate only Block Development Officer as Programme Officer envisaging a common reason that number of irregularities are being received in implementation of the scheme and in order to ensure this responsibility, appointed a high rank official of the government, who holds substantive qualification for appointment for ensuring that accountability. This is decision of the government in the light of Section 14 of the Act wherein, it has been provided that Chief Executive Officer of the District Panchayat or the Collector of the district or any other district level officer of appropriate rank as the Sate Government shall be designated as district Programme Coordinator for implementation of the Scheme in the district. That is why the government have only the Block Development Officer as Programme Officer, which stand of the government cannot be faulted.