MANOHAR LAL JAGA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE instant batch of petitions seek to impeach the constitutional validity of the amendment to Rule 273 of the Panchayati Raj Rules, 1996 (for short, hereafter referred to as 'the Rules'), effected by the Notification No.F.4(7)/Ame./Rules/Legal/PR/2012/107, dated 29.01.2013. A writ of mandamus, or order, or direction directing the State -respondents to consider the candidature of the employees working as Secretary, Water Shed Committees, (for short, hereafter referred to as 'the Committee') under the scheme of the National Water Shed Programme by treating them to be at par with other employees working under MGNREGA in the process of recruitment involved has been prayed for as well.

(2.) WE have heard Mr. Nawal Singh Sikarwar, Mr. H.P. Singh, Mr. Laxmi Kant Sharma and Mr. Imran Khan, the learned counsel for the petitioners and Mr. S.K. Gupta, learned Additional Advocate General with Mr. Gaurav Tanwar, Advocate, for the State -respondents.

(3.) THE petitioners are presently working as Secretary, Water Shed Committees (for short, hereafter referred to as 'the Committees'), constituted under the National Water Shed Development Programme, administered with the Central Government and the State Government jointly. They had been appointed by the respective Gram Panchayats in the meetings of the Gram Sabhas, as claimed by them, as per the terms , conditions and the guidelines issued by the Rajasthan Panchayati Raj Department. On an average, the petitioners are serving in this capacity for last 5 to 6 years. They have stated that the committees are duly registered with the Registrar of the society under the Rajasthan Societies Registration Act, 1958 (for short, hereafter referred to as 'the 1958 Act'). They have asserted that these committees are working under the Panchayati Raj Institutions in rural areas and performing duties in the fields of engineering, animal husbandry, agriculture and social science and as the Secretary of the Committee, they have to maintain the accounts/ledger, check book register, receipt register, measurement book, muster roll, stock register etc. Referring to the Circular No..17(28 -)//7455 -8054, dated 29.09.2004, enumerating the works to be performed, amongst others, by the secretary of such committee, the petitioners have pleaded that they have been religiously discharging their duties to the satisfaction of all concerned. They have mentioned of the Office Order No.F.19(123)/ DWDSC/MOAP/09 -10/2201 -2516, dated 03.08.2009, whereby remunerations of the Water Shed Development Team (for short, hereafter referred to as 'the WDT') and the Secretary of the water shed committees have been enhanced. That the Department of the Rural Development and Panchayati Raj, Government of Rajasthan had issued circulars from time to time for conducting the affairs of the water shed committees and sub committees and that the petitioners are scrupulously adhering to the guidelines in connection therewith, has been categorically stated. In this regard, the petitioners have also referred to, in particular, the Office Order No. 18 //2011/4721 -5178, ( -66) dated 08.03.2011, circulating the guidelines for streamlining the works of the water shed committees.