Document Fragment View

Matching Fragments

1. In these batch of writ petitions, the petitioners were appointed as Tubewell Operators in the Irrigation department of the State of U.P. Subsequently, their services were transferred to different Gram Panchayats and are presently working as Gram Panchayat Vikas Adhikari. The controversy involved, starts from the year 1994, when Article 243G was inserted in the Constitution of India, which gave powers, authority and responsibility to the Gram Panchayat. For facility. Article 243G of the Constitution is quoted hereunder:

"Article 243G. Subject to the provisions of this Constitution, the Legislature of a State may, by law, endow the Panchayat with such powers and authority as may be necessary to enable them to function as institutions of self-government and such law may contain provisions for the devolution of powers land responsibilities upon Panchayat at the appropriate level, subject to such conditions as may be specified therein, with respect to -
[a] the preparation of plans for economic development and social justice.
[b] the implementation of schemes for economic development and social justice as may be entrusted to them including those in relation to the matters listed in the eleventh Schedule."

2. Based on the aforesaid Article 243G, and in furtherance of the objectives of the 73rd Amendment, the State government issued a Government Order dated 12.4.1999 transferring certain employees from various department to the Gram Panchayat. In furtherance to the objective engrafted in Article 243G of the Constitution, U.P. Panchayat Raj Act 1947 was also amended and Section 25 was substituted by a new provision. The substituted Section 25 vide Amendment Act No. 27 of 1999 is quoted hereunder :