Devendra Kumar Upadhyaya,J.

Heard learned counsel for the petitioners and learned Standing Counsel appearing for the State-respondents.

The petitioners are working as Safai Karmacharis in different Gram Panchayats of districts Basti and Siddharth Nagar. The grievances raised in this petition are in respect of certain clauses contained in the circular dated 16.09.2009, issued by the Director, Panchati Raj, Uttar Pradesh to all the District Panchayat Raj Officers, wherein the job assigned to Safai Karmis have been enumerated and certain other provisions in respect of supervisory control and sanction of leave to Safai Karmis, have been made.

Submission of learned counsel for the petitioners is that the petitioners are government servants and as such the impugned circular dated 16.06.2009 so far as it provides that the Gram Pradhan of the Gram Panchayat concerned shall be the controlling authority of the Safai Karmai and that Safai Karmis shall work under the control and instructions of the Gram Pradhan is impermissible. It has further been contended by the learned counsel for the petitioners that the provisions contained in the circular dated 16.06.2009 which provides that the attendance register of the Safai Karmis shall be kept in the custody of the Gram Pradhan and casual leave upto 3 days shall be sanctioned by the Gram Pradhan is also not lawful for the reason that any such control or power to sanction the leave etc. in respect of government servant, can be exercised only by the appointing authority or by any other government servant to whom such powers are delegated and not by the Gram Pradhan.

Learned counsel for the petitioners has also argued that the Village Pradhan is an elected representative and hence, keeping the services of a government servant like the petitioners under his supervision would be offending the service rules regulating the service conditions of the petitioners.

The Parliament with a view to give constitutional status to Panchayats of three tier Panchayat System enacted Part-IX of the Constitution, which has been inserted in the Constitution w.e.f. 24.04.1993. Article 243-G of the Constitution of India empowers the Legislature of a State to endow the Panchayats with such powers and authority as may be necessary for enabling the Panchayats to function as institutions of self-government. It further provides that such a law to be made by the Legislature will contain provisions for devolution of powers and responsibilities upon Panchayats at the appropriate level. Article 243-G of the Constitution of India is quoted herein below: -

"243-G. Powers, authority and responsibilities of Panchayats-Subject to the provisions of this Constitution, the Legislature of a State may, by law, endow the Panchayats 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 and responsibilities upon Panchayats 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."

After insertion of Part-IX in the Constitution of India, the State Legislature of Uttar Pradesh thoroughly amended the U.P. Panchayat Raj Act, 1947 by means of an amending Act, namely, U.P. Act No.9 of 1994. By the said provision contained in Act No.9 of 1994, functions of Gram Panchayat as given in Chapter-IV of U.P. Panchayat Raj Act, 1947, have been revised and functions, which have been assigned by the said enactment of the State Legislature are in tune with the provisions contained in Article 243-G read with Eleventh Schedule of the Constitution of India, wherein certain functions to be performed by the Panchyats have been listed. Entry 23 of the