Allahabad High Court
Sharda Prasad & Others vs Union Of India & Others on 23 October, 2010
Author: Sunil Ambwani
Bench: Sunil Ambwani
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 32 Case :- WRIT - A No. - 61799 of 2008 Petitioner :- Sharda Prasad & Others Respondent :- Union Of India & Others Petitioner Counsel :- Raj Narain Respondent Counsel :- C.S.C.,Chandra Prakash Gupta Hon'ble Sunil Ambwani,J.
List has been revised. No one appears for the petitioners.
Sri Chandra Prakash Gupta appears for the Central Government. Learned standing counsel has represented the State respondents.
By this writ petition, the petitioners, claiming to be landless villagers and job card holders under the National Rural Employment Guarantee Scheme (hereinafter referred to as 'the scheme'), have prayed for quashing the orders dated 4.8.2008 passed by the Commissioner, Rural Development U.P., Lucknow for making payments under the scheme only through the accounts opened in the Banks and Post Offices.
The Commissioner, Rural Development, U.P., Lucknow reminded all the District Program Officers/Chief Development Officers, to open accounts of the job card holders, and to make payment after 15.8.2008 by cheques. It was found that by 31.7.2008 only 18.92 lacs accounts were opened in the Banks, and 27,334 accounts were opened in the Post Offices. These represented only 50 % job cards, and thus District Program Officers were asked to launch special drive, to open accounts.
The writ petition has been filed on the ground that the petitioners are landless, and they are economically weakest members of the society. They cannot wait a week's time for encashment of the cheques. They should be paid wages every day - either in cash or by any other mode, for purchasing items of their daily needs. They cannot wait, until the amount is credited into their accounts, and further they have to travel long distance for presenting the cheques at the Banks/Post Offices, and to receive amount consuming almost two days for single day's payment.
Sri Rama Kant Sood, Under Secretary, Ministry of Rural Development, NREGA Division, Krishi Bhavan, New Delhi, has filed a counter affidavit in which it is stated in para 8 that the Program Officer has a statutory responsibility under the Act, to ensure prompt and fair payment of wages. The Government of Andhra Pradesh, took a lead in introducing payment of wages to NREGA workers through post offices, bringing about good results. The matter was discussed in detail with the Government of Andhra Pradesh and the Department of Posts, Government of India. With a view to replicate the system all over the country, to take care of fake muster rolls, to stop corruption and to bring transparency and accountability in disbursement of wages, directions were issued in January 2008 to the State Governments to launch special drive for opening the Bank/Post Office Accounts for NREGA wage earners. In the same paragraph, it is further stated as follows:-
"... ... ... In order to further streamline payment of wages through banks/post offices and to plug the deficiencies, if any, to ensure complete transparency and accountability, a multi-departmental Task Force has been set up by Ministry of Rural Development, Government of India vide order dated 13.1.2009. Photostat copy of the order dated 13.1.2009 is enclosed as Annexure-CA-3. Terms of reference for the Task Force shall be indicated below:-
(i) Study the existing mechanism of payment of wages to NREGA wages earners in Banks/Post Offices.
(ii) Ensuring wage earners are timely paid due wages and proper entries are recorded in Job Cards.
(iii) Ensuring that payment of wages are regularly reconciled with the standard norms and guidelines for wage payments.
(iv) Study whether service charge or any other charge is being taken by Bank/Post Office for opening of NREGA accounts.
(v) Ensuring that accounts in Bank/Post Office are opened for all NREGA workers.
(vi) Assessing distance generally covered by wage earners to get the payment of wages.
(vii) Bringing out deficiencies, if any, in the operationalisation of disbursement of wages through Bank/Post Office and recommending measures to effectively improve it further.
The Task Force has been asked to submit its report within 4 months from the date of notification i.e. 13.1.2009."
In respect of District Deoria, it is stated in the counter affidavit that till December 2008 - 65,307 accounts have been opened, out of which post office accounts are 3466 and an amount of Rs.776 lacs have so far been disbursed through post offices and banks as wages to the workers. All over the country till December 2008, Rs.5.77 crores bank/post offices accounts have been opened and an amount of Rs.5,726/- crores have been disbursed through these accounts.
From the counter affidavit, the court finds that the Central Government has decided to take experience of Andhra Pradesh State, to the entire country in disbursement of wages to the NREGA workers through banks/post offices in order to ensure complete transparency and accountability and also to stop corruption.
The orders dated 21.1.2009 and 26.3.2008 were issued by the Government of India, Ministry of Rural Development, in public purposes, with the object to ensure payment to the NREGA beneficiaries, and thus do not require any interference.
Before parting with the matter, it may be observed that the experience of one State of the country should not be given universal application, unless a study is carried out, for effective implementation of the scheme, and prompt payment of wages to the workers. Every State may have its peculiarity such as distance from the Banks and Post Offices and crediting the amount to the job card holders. The Central Government is under obligation to see that 'zero balance' accounts are opened, and should continue to monitor effective transparency and speedy payments.
The job card holders are entitled to receive fruits of their labour as quickly as possible, and preferably on the same day. There can be other methods of payment. The Central Government with the help of State Government should study other modes for payment. Some times, in order to avoid corruption and ensure transparency, the Government adopts method, which are not sufficient to take care of the needs of the persons of the scheme, inasmuch as the delay may dissuade the job holders from participating in the scheme, and may lead another avenue of corruption viz., parting with the amount of wages from backdoor. The Central Government should continue to monitor the scheme, and consider bringing about more innovative and transparent methods, for ensuring timely payment of wages to the NREGA workers.
The writ petition is accordingly disposed of.
Order Date :- 23.10.2010 nethra