The court affirmed that the roles of Gram Rozgar Sahayak and Panchayat Secretary are distinct, emphasizing that the Panchayat Secretary cannot undertake implementation of MGNREG schemes as per legislative provisions.

JUDGMENT

1. Heard Shri H.S. Paonam, learned Senior Advocate appearing for the petitioners; Shri N. Jotendro, learned Senior Advocate for the private respondent, respondent No.5; Shri S. Niranjan, learned GA for the State respondents and Mr. S. Suresh, learned ASG for the respondent No. 4, Union of India.

2. By the instant writ petition, the petitioners have prayed for issuing a writ of certiorari or any other appropriate writ to quash and set aside the portion of the order dated 24-07-2020 issued by the Joint Secretary (RD PR), Government of Manipur which has allowed the Panchayat Secretaries to implement the MGNREG Scheme.

3.1 Facts as narrated in the writ petition, in short, are that the petitioners along with 145 others who were initially engaged as Gram Rozgar Sahayak/ Gram Rozgar Sewak (GRS) on contract basis since 2009, were regularized and absorbed in the Department of Rural Development Panchayati Raj, Government of Manipur for which the State Government issued orders dated 31-02-2016 for creation of posts; absorption and regularization of their services.

3.2 Section 18 of the Mahatma Gandhi Rural Employment Guarantee Act , 2005 (hereinafter referred to as "the MGNREG Act, 2005" provides that the State Government shall make available to the District Programme Coordinator and the Programme Officers necessary staff and technical support as may be necessary for the effective implementation of the scheme. The professional support for MGNREG scheme needs to be deployed across the Gram Panchayat, Block, District, State and Central level. Section 25 provides that whoever contravenes the provisions of the MGNREG Act, 2005 shall on conviction be liable to a fine which may be extended to Rs.1000/- (Rupees one thousand). The provisions of the MGNREG Act, 2005 are mandatory for effective implementation of the scheme.

3.3 The Master Circular 2020-21 published by the Ministry of Rural Development, Government of India at Chapter 20 provides as under:

"As per Section 18 of the Mahatma Gandhi NREGA, 2005, "the State Government shall make available to the District programme Coordinator and the Programme Officers necessary staff and technical support as may be necessary for the effective implementation of the scheme. The professional support for Mahatma Gandhi NREGA needs to be deployed across Gram Panchayat, Block, District, State and Central level."

3.4 From the perusal of the above provisions, it is very clear that the post of Gram Rozgar Sahayak (GRS)/ Gram Panchayat Sewak is quite distinct from a Panchayat Secretary and the Mahatma Gandhi NREG scheme can be effectively implemented through the GRS at the Gram Panchayat level.

3.5 To the shock and surprise of the present petitioners, the State Government issued an order dated 24-07-2020 allowing the Panchayat Secretaries appointed under Section 45 of the Manipur Panchayati Raj Act, 1994 (hereinafter referred to as "the Panchayati Raj Act, 1994") r/w Rule 37 of the Manipur Gram Panchayat and Zilla Parishad (General) Rules, 1995 (hereinafter referred to as "the Rules, 1995") to implement the MGNREG scheme against the provisions as contemplated under the MGNREG Act, 2005 r/w Annual Master Circular 2020-21 published under the said Act. Being aggrieved by the order dated 24-07-2020, the instant writ petition has been filed by the petitioners on the inter-alia grounds that Section 45 of the Panchayati Raj Act, 1994 and Rule 37 of the Rules, 1995provide for appointment, duties and functions of the Panchayat Secretary and did not include anything in any manner for effective implementation of the MGNREG scheme, 2005; that the District Pro