The Odisha Panchayat Executive Officers Service Rules, 2021 do not violate constitutional rights and do not create vested rights for prior promotional pathways of Grama Rozgar Sevaks, affirming the State's authority to amend service conditions.

JUDGMENT :

MURAHARI SRI RAMAN, J.

Craving to challenge promulgation of the Odisha Panchayat Executive Officers Service (Method of Recruitment and Conditions of Service) Rules, 2021 (“Rules, 2021”, for convenience), superseding of the Odisha Village Level Workers (Recruitment and Conditions of Services) Rules, 2008 (“Rules, 2008”, for short), purported to have restricted promotional avenue of Grama Rozgar Sevaks (“GRS”, abbreviated) engaged under the Mahatma Gandhi National Rural Employment Guarantee Scheme (“MGNREGS”, for brevity), floated in terms of the Mahatma Gandhi National Rural Employment Guarantee Act, 2005 (for brevity, MGNREG Act”), these writ petitions are filed to invoke extraordinary power of judicial review under the provisions of Articles 226 and 227 of the Constitution of India with prayer(s) to grant following relief(s):

W.P.(C) No.22812 of 2021:

"It is, therefore, humbly prayed that this Hon'ble Court may graciously be pleased to admit the writ petition, issue rule nisi calling upon the opposite parties to show cause as to why declare the notification dated 29.07.2021 under Annexure-10 shall not be quashed declaring the same as illegal, arbitrary, mala fide and unconstitutional so also contrary to the existing Rules and appropriate order in the nature of writ of mandamus shall not be issued to the respective collectors to extend the promotional benefits to the Grama Rozgar Sevaks in terms of the Odisha Village Level Workers (Recruitment and Conditions of Services) Rules, 2008 and so also Amendments 2012 & 2013 with retrospective service benefits to secure ends of justice.

This Hon'ble Court may kindly be further pleased to quash the advertisement dated 24.02.2023 under Annexure-11 to secure ends of justice.

And pass such other order/orders as would be deemed fit and proper.

And for this act of kindness the petitioner as in duty bound shall ever pray."

W.P.(C) No.22464 of 2021:

"It is therefore prayed that this Hon'ble Court may graciously be pleased to:

i) Admit the writ application;

ii) Call for the records;

iii) Issue notice to the opposite parties to show cause as to why the services of the petitioners shall not be regularized, they shall not be given promotion to the post of Panchayat Executive Officer as some of their colleagues under gradation list 2020 have given promotion to the post of Panchayat Executive Officer and why the new Rules, 2021 dated 29.07.2021 under Annexure-11 may (not) be quashed so far the existing Grama Rozgar Sevaks are concerned;

iv) If the opposite parties do not show cause or show insufficient cause a appropriate writ(s) order(s) direction(s) be issued directing the opposite parties to regularize the service of the petitioner give promotion may be given after completion of six years of service, like their colleagues under the gradation list and the impugned Rules, 2021 of the cabinet dated 29.07.2021 under Annexure-11 may be quashed and grievance of the petitioner in the writ petition be allowed;

v) And further be pleased to pass any other writ(s) direction(s) as deems fit and proper for the ends of justice be fixed to the opposite parties for redressal of grievance of the petitioners.

And for this act of kindness the petitioners shall, as in duty bound ever pray."

Facts adumbrated in the writ petition, bearing W.P.(C) No.22812 of 2021:

2. Promotional avenue of the petitioners, engaged on contractual basis as the Grama Rozgar Sevaks under the MGNREGS by the Panchayati Raj Institutions, by virtue of policy of the Government of Odisha spelt out thr