U.P. Gram Panchayat Adhikari Sangh & Ors vs Daya Ram Saroj & Ors

We have heard S/Sh. Sunil Gupta, P.N. Mishra, Ashok H. Desai, Rakesh Dwivedi, N.C. Jain, Jawahar Lal Gupta, L. Nageshwar Rao, M.N. Rao, P.P. Rao, A.K. Ganguli, Arun Jaitley, Mathai M. Paikdey Dr. Rajiv Dhawan, Raju Ramachandran, S.K. Kalia, Ravindra Srivastava, learned Senior advocates appearing for various appellants/respondents. We have also heard other learned counsel appearing for different parties. FACTS The facts in these appeals have a chequered history, which we may recite briefly. By Government Orders (GOs) dated 12.4.1999, 29.4.1999, 5.5.1999 and 27.5.1999 the services of the employees of eight Departments were transferred to the Gram Panchayats. The employees, so transferred, were to serve the Gram Panchayats (GPs) as multi-purpose workers or Gram Panchayat Evam Vikas Adhikaris (GPVAs). The aforesaid orders were challenged by filing Writ Petitions on the grounds of (i) arbitrariness and (ii) (executive) interference with the statutory rights of Government employees under Service Rules made under Article 309 of the Constitution. The basic grievance raised was that whereas in the Parent Department, they were governed by respective Service Rules framed under Article 309 of the Constitution, they were being transferred to Gram Panchayats where there were no Service Rules governing the service conditions and their services became insecure. On the aforesaid premise, the Govt. by an order dated 27.6.1999 brought up an Ordinance followed by Amendment Act (U.P. Act No. 27 of 1999). Sections 25 and 25-A of the U.P. Panchayat Raj Act 1947 were substituted by new Sections 25 and 25-A. Thereafter, by G.O. dated 30.6.1999, the G.Os. Dated 12.4.1999 and 29.4.1999 were revoked. On 1.7.1999, a G.O. was issued transferring the services of 55,548 employees from eight Departments, including Tube-well Operators (TOs), from Irrigation Department to the Gram Panchayats for providing Multi-purpose workers to the Gram Panchayats and by G.O. dated 26.7.1999 they were re-designated as Gram Panchayat Vikas Adhikaris (GPVAs). They were put under the control of the Gram Panchayats while discharging the functions of their respective Departments. Aggrieved thereby, several Writ Petitions, including Writ Petition No. 33929 of 1999 were filed challenging the constitutional validity of new Section 25 and Section 25A and the G.O. dated 1.7.1999. The High Court, after hearing the parties, upheld the validity of the Section and G.O. dated 1.7.1999 and held that such employees, transferred as GPVAs, continue to remain Government Servants and to be governed by the original and respective Service Rules. It was held they are on deputation to Gram Panchyayats.

The aforesaid Govt. Orders were challenged by one Krishna Kant Tewari by filing a Writ Petition in the High Court. The learned Single Judge by his order dated 8.1.2002 dismissed the Writ Petition and upheld the G.Os. dated 6.6.2001 and 21.9.2001. It was held inter-alia that their original cadres were not dead; they continued in their original cadres; they had been sent only on deputation to the GPs; they were merely re-designated as GPVAs; they had never been absorbed into any new cadre of GPVAs and they could always be repatriated to their original cadres.

Aggrieved by the order of the learned Single Judge, an appeal was preferred before the Division Bench being Special Appeal No. 94 of 2002, which was dismissed by the Division Bench on 28.1.2002.

(B) Issue a writ, order or direction in the nature of mandamus commanding the opposite parties not to interfere in the working of the petitioners as Gram Panchayat Vikas Adhikari and to give the petitioners all consequential service benefits for which they are found entitled under law. (C) Issue any other and further suitable writ, order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.

It is common knowledge that a tube-well is handled by a technician an expert hand. General public does not have free access to the tube-well. They can only have free access to the water drawn from the tube-well. In our opinion, therefore, tube-well does not fall within the scope of public property referred to in Section 34 of the Act.

WHETHER IT IS TRANSFER?

We, accordingly, hold that the expression 'Transfer' is used in Section 25 loosely. They were actually sent on deputation keeping their lien with their Parent Departments.

In the view that we have taken, the judgment and order of the Division Bench dated 8.2.2006 is not sustainable in law. The judgment and order of the Division Bench quashing G.O. dated 19.7.2005, 25.1.2006 and 8.9.2005; the direction that the Tube-well Operators and part-time Tube-well Operators are inextricably connected with the cadre of Gram Panchayat Vikas Adhikari; the direction that the Part-time Tube-well Operators shall be treated as permanent employees are all hereby, set aside. The order of the learned Single Judge dated 11.8.2005 is restored. The C.W.P. No. 53127 of 2005 stands dismissed. The Government Order dated 19.7.2005 with all consequential orders passed thereunder is restored. We also noticed that the Division Bench of the High Court has quashed the Orders dated 8.9.2005 and 25.1.2006, which are not the subject matter of the writ petition. The High Court order to that effect is also set aside. The Government Orders dated 8.9.2005 and 25.1.2006 are restored. The employees are directed to go back to their Parent Department and resume duties within two weeks from today. The net result is Civil Appeal Nos. 1895/06, 1896/06, 1897/06, 1898/06, 1899/06, 1900/06, 1901/06, 1902/06, 3455/06, 3523/06 are allowed. Civil Appeal Nos. 8302- 8313/04, 8314-8315/04, 8316/04, 8317-8319/04, 1083/05, 1084/05, 2920/05, 680/05 and 6090/01 are dismissed. Contempt Petition Nos. 114 & 141 of 2006 are discharged.

No order as to costs.