SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2006 Supreme(All) 385

[2006(2) ADJ 516 (All)(DB)]
ALLAHABAD HIGH COURT
(Division Bench)
BEFORE : AJOY NATH RAY, C.J. AND ASHOK BHUSHAN, J.
DAYA RAM SAROJ AND OTHERS ...Appellants
Versus
STATE OF U.P. AND OTHERS ....Respondents
(Special Appeal Nos. 1009, 1008, 1010, 1025, 1026, 1027, 1181, 1182, 1183, 1249, 1096, 1120, 1270, 1271, 1275, 578, 1119, 1072, 619, 1122, 1393 and 1405 of 2005, decided on 8th February, 2006)

Advocates:
Counsel :
R.N. Singh for the Appellants; V.K. Singh for the State.

Headnote:(A) Panchayat Raj Act, 1947—Section 25—Legislative competence—Order passed by Governor—On 20-7-2004, without mentioning as to under which provision of Constitution of India, powers has been exercised—Not to affect that order—Non-mention of provision of law in any order—Is absolutely of no relevance in normal case, if by face of that order its legislative character can be gathered. [Paras 34 and 36]

       (B) Cadre—Determination of—Several factors are required to be considered, i.e. way of appointment, promotional prospects, duties to be performed and salary etc. [Para 40]

       (C) Government order—Interpretation of Order affecting public service—Twin principles relating to—Mentioned—Order dated 20-7-2004, passed by Governor—Creates a new cadre of Gram Panchayat Vikas Adhikari.[Paras 44 and 45]

       (D) Irrigation department—Tubewell operators of Irrigation Department—Transferred to Panchayat Raj Department in 1999—For multipurpose workers training and after training continued to work there—They were being paid from finances of Department of Agriculture—By an order dated 20-7-2004, passed by Governor, they were treated to be multipurpose workers and posted as Gram Panchayat Vikas Adhikari’s—But again by order dated 19-7-2005, issued by Chief Secretary of State of U.P., they were sent back to Irrigation Department on post of Tubewell operators—This order affected more than twenty two thousand State employees—Without any change in policy—Bad in eyes of law, opposed to elementary principle and sound evidence of powers—As such, quashed—Necessary directions in this connection issued by High Court.

        [Paras 53 to 56, 62, 68 to 70, 86, 95, 97, 98, 100 and 101]

       (E) Panchayat Raj Act, 1947—Section 15—Amendment of order passed by Chief Secretary of U.P.—Passed on 19-7-2005—Amendment of this order by another order dated 25-1-2006—Found to be vague and over stepping constitutional limits—As such, quashed. [Paras 74 and 77]

       (F) Directive principles—State policy decisions—If found to be based on extraneous factors—Can be subject to challenge and scrutiny by Court. [Constitution of India, Article 226] [Paras 87 to 89]

       (G) Legislative expectation—Doctrine of—Applicability—Tubewell operators, sent for training of multipurpose workers—Posted thereafter as multipurpose employees—Legitimately can expect to remain on that post—In such a case, doctrine is applicable—This legitimate expectation cannot be defeated by cursory orders passed by Government.

        [Paras 94, 95 and 98]

       

JUDGMENT

Hon’ble Ajoy Nath Ray, CJ.—These appeals are from several judgements of Hon’ble Single Judges passed both at Lucknow and Allahabad. In all these matters in the first Court, the State employees have lost their battle and the writ petitions have been dismissed in each case. In every appeal, therefore the appellant is the State employee and the respondent is the State.

2. The magnitude of these appeals is very large. The fate and future of some Twenty Two thousand State employees is involved in these appeals. These employees have to be introduced, if a little inadequately and a little inaccurately, in the beginning as Tubewell Operators and Part Time Tubewell Operators. They were all originally employed in the Irrigation Department of the State of Uttar Pradesh.

3. The principal government directive with which they are aggrieved is dated 19.7.2005 issued by the Chief Secretary of the State, then Ms. Neera Yadav.

4. By that order, all these employees were being sent back to the Irrigation Department from the Panchayat Raj Department so as to work thereafter again as Tubewell Operators and Tubewell Operators only. Until the 20th of July, 2004, along with certain other workers, whom we shall mention hereafter again, Tubewell Operators, were working under the Panchayat Raj Department of the State Government as Gram Panchayat Vikas Adhikari, i.e. Village Panchayat Development Officer. The difference between working under the Panchayat Raj Department as Village Panchayat Development Officers and working under the Irrigation Department as a plain and simple Tubewell Operators is most certainly there. It is because of these undeniable differences, which exist, that these cases have been fought out to their bitter extreme length. The Gram Panchayat Vikas Adhikaris have also been called multipurpose workers; their jobs are many and those include not only Tubewell and water pumping work, but also youth welfare, looking after the ration system, health and family welfare, agriculture, village development and Panchayat Raj development work generally. They would, needless to say, be posted in different villages all over U.P.; even as Tubewell Operators, their posting would be in villages. However, as multipurpose workers, they have far larger duties, secretarial jobs and some financial responsibility also in some cases with the Gram Panchayat and a much larger standing and footing. We were told during the course of argument that in some villages, where houses were available, Village Panchayat Development Officers would be allotted those houses for themselves. The benefits and the status are much more than the benefits and the status of a Tubewell Worker. It should be understood, to get a grip over the facts, that of all the duties mentioned above to be performed by the multipurpose workers, the most important and the most technical one is that of tubewell operation. There are a little under Thirty Thousand State owned Tubewells all over U.P. purchase, sinking and installation of a single tubewell of this type today would cost about Rs. 15 lac there is no village panchayat which has more than one State Tubewell; naturally there is no village panchayat which has a greater number either. The Tubewells are sunk to depths between 300 feet and 1000 feet, the larger depth being necessary for the very dry outer Districts of the State. The diameter of the sunk tube is 14 inches; the tubewell is capable of pumping out 33 thousand gallons of water per hour. It can be run for about eight to ten hours a day, although there was some dispute before us as to how these can now run in the state of unavailability of continuous (?) supply of electricity in the villages of U.P.; sometimes perhaps the tubewell would have to be run only at night when electricity is available.

5. Although now some rich farmers have had their own Tubewells installed, may be with or without captive power, the very large majority of the Uttar Pradesh farmers, who are on the poor leve
































































































































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top