SHISHIR KUMAR
Ashok Kumar Pandey son of Shyam Krishna Pandey – Appellant
Versus
State of U. P. – Respondent
( 1 ) BY means of this writ petition the petitioners have approached this Court for issuing a writ of certiorari quashing the impugned circular dated 19. 7,2005 issued by the Chief Secretary, government of U. P. , Annexure-3 to the writ petition and further in the nature of mandamus commanding the respondents not to interfere in the working of the petitioners as Gram panchayat Vikas Adhikari.
( 2 ) THE facts arising out of the writ petition are that the petitioners initially appointed as regular tube Well Operators in the Irrigation Department. All the petitioners were confirmed employees and were getting pay scales and other benefits payable to the regular Tube Well Operators. That vide 73rd Amendment in the Constitution a new Sub Article 243g was inserted in the constitution, which reads as under:
"article 243-G. 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
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