JUDGMENT :

S. N. Prasad, J.

1. In all these batch of writ petitions the common issue has been raised and as such, the same has been directed to be heard together and being disposed of by this common order.

2. The petitioners have raised issues challenging the jurisdiction of the State authorities in transferring the Gram Rojgar Sevak (in short “the GRS”) engaged under the Mahatma Gandhi National Rural Employment Guarantee Act, 2005 (in short “the MGNREG Act, 2005”).

3. The petitioners have also challenged the order dated 21.3.2013 issued by the Commissioner-cum-Secretary, Panchayatiraj Department whereby and where under the Collectors have been conferred with the power to transfer the GRSs from one Gram Panchayat to the other.

4. The fact which has been argued by the learned counsel appearing for the petitioners is that the GRSs are being engaged in pursuant to the scrutiny instruction issued under the signature of Commissioner-cum-Secretary, Panchayatiraj Department contained in letter No.17146 dated 25.8.2006 whereby and whereunder the GRSs are being appointed by the Panchayatiraj Institution Bodies, in which, Government has got no role or linkage to the engagement and as such, it is only the Sarpanch being the member of the Panchayatiraj Institution is competent to take decision to transfer GRSs from one Panchayat to other or from one Block to another Block within the district.

5. The contentions advanced by the petitioners are as follows:-

(i) The GRSs are being appointed on contract basis and are being paid meager amount by way of remuneration. Hence, it is very difficult for them to maintain their family by living outside Panchayat.

(ii)The decision taken by the Commissioner-cum-Secretary, Panchayatiraj Department or the Collector has got no jurisdiction in transferring the GRSs and as such, the decision taken by the Collector in transferring one or the other petitioners, who are working as GRSs is nullity in the eye of law.

(iii) The Commissioner-cum-Secretary, Panchayatiraj Department or the Collector cannot transfer the GRSs from one Block to another Block at best they can be transferred within the Panchayat, but ignoring this, some of the GRSs have been transferred even from one Block to another Block.

(iv)The GRSs can be transferred only on administrative ground, but the order of transfer does not discloses the administrative ground and as such, the same has been issued without any application of mind and only to harass them.

6. The contention is that since the Government has got nothing to do with the transfer of GRSs and as such, the Commissioner-cum-Secretary to Government of Orissa, Panchayatiraj Department while issuing the communication dated 21.3.2013, which is also impugned in one of the writ petition being W.P.(C) No.18089 of 2016 is without any jurisdiction. It is for the reason that the GRSs are being appointed on contract basis having no concerned with the Government and there being appointed by giving preference Gram Panchayat-wise. Hence, transferring another Gram Panchayat is contrary to the original guideline dated 25.8.2006. The Commissioner-cum-Secretary, Panchayatiraj Department while issuing the instruction dated 21.3.2013 has not taken care of the guideline dated 25.8.2006 wherein there is no provision for transferring of GRSs. However, there is a stipulation regarding transfer of Gram Panchayat Technical Assistants.

7. Per contra, Mr. B.P. Tripathy, learned Additional Government Advocate appearing for the State-opposite parties has submitted that the GRSs are being appointed for proper implementation of the mission of the Government, which has been launched by way of introducing the MGNREG Act, 2005 and in the said Act, provision has been made under Section-13, which provides the function of the principal authorities for planning and implementation of Schemes, Section-14, which confers power upon the District Programme Coordinator, who will be the Chief Executive Officer of the District Panchayat or the Co