Allahabad High Court
Anand Kumar Patel vs State Of U.P.And Others on 18 October, 2012
Bench: Rajes Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 5
Case :- WRIT - A No. - 46561 of 2012
Petitioner :- Anand Kumar Patel
Respondent :- State Of U.P.And Others
Petitioner Counsel :- K.M.Tripathi
Respondent Counsel :- C.S.C.,Anuj Kumar
Hon'ble Rajes Kumar,J.
Learned counsel for the petitioner states that the petitioner has been appointed as a Gram Rojgar Sewak in the year 2007. As per Clause (7) of the Government Order dated 3.7.2006 the initial appointment of a Gram Rojgar Sewak could be made for one year, however having regard to the performance, it could be renewed for two years. The aforesaid Government has been superseded by the Government Order dated 23.11.2007 and the similar condition is provided in Clause (7) of the said Government Order. Therefore, the engagement of Gram Rojgar Sewak cannot exceed more than three years. It is not understandable that how the petitioner has been allowed after the expiry of three years. The petitioner's services have been terminated by the order dated 1.6.2012.
Smt. Shanti Devi, Gram Pradhan, appeared in person, through her counsel Sri Ashok Pandey, Advocate, filed affidavit. In paragraph-7 of the affidavit, it is stated that the respondent never renewed the contract of the petitioner during this entire period. As general practice being adopted by the State, the petitioner continued to work. In this way, it has been admitted by the Gram Pradhan that she has allowed the petitioner to work even after the expiry of three years, without any execution of the contract, and the payment has also been made. In the facts and circumstances, the Gram Pradhan has acted illegally, permitting the petitioner to continue as Gram Rojgar Sewak, after the expiry of three years and made the payment from the public exchequer illegally.
The District Magistrate, Sonbhadra is directed to recover the amount paid to the petitioner from the Gram Pradhan for the period exceeding three years within a period of one month and inform this Court and also take necessary action against the Gram Pradhan for her illegal act.
So far as the termination of the engagement of the petitioner is concerned, I do not find any error in the order.
The Principal Secretary, Panchayati Raj is directed to see that the period of engagement of Gram Rojgar Sewak, provided under the Government Order may not exceed for more than three years. In case if any of the Gram Pradhan has allowed any of the Gram Rojgar Sewak to work for more than three years the necessary action be taken against them and amount paid after the expiry of three years be recovered from the concerned Gram Pradhan.
Learned Standing Counsel is directed to serve the copy of this order on the District Magistrate, Sonbhadra and the Principal Secretary, Panchayati Raj for necessary action and file the report on the next date fixed.
List on 21.11.2012 for further hearing. Smt. Shanti Devi, Gram Pradhan, need not to appear in person on the next date of hearing.
Order Date :- 18.10.2012
OP
