The petition which has been instituted in the public interest seeks a mandamus to the State Government of Uttar Pradesh for the appointment of Ombudsmen in every district of the State for redressal of grievances in regard to the implementation of the Mahatma Gandhi National Rural Employment Guarantee Act, 2005.
Section 27 empowers the Central Government to issue such directions as it may consider necessary to the State Government for the effective implementation of the provisions of the Act. On 7 September 2009, a notification was issued by the Central Government issuing instructions under Section 27 with the object of establishing a grievance redressal machinery for the disposal of complaints relating to the implementation of the Act and of the Schemes made. Under clause 2.2.1 of the instructions, the State Government was to appoint one or more persons but not more than three as Ombudsmen in each district. Clause 2.2.5 envisages that the appointment was for a tenure of two years, extendable by one year based on performance appraisal or till the incumbent attains the age of 65 years, whichever is earlier. Clause 2.2.1 provides for a Selection Committee consisting, inter alia, of a representative of the Union Ministry of Rural Development.
In pursuance of the instructions, the State Government issued an advertisement on 1 September 2012.
In the meantime on 24 May 2013, the Union Government in the Ministry of Rural Development revised the instructions for the appointment of Ombudsmen. These instructions were again revised on 6 January 2014. Clause 2.2.2 provides that similar districts having low expenditure under MGNREGS may be clubbed together to have a common Ombudsman. The term of office under clause 2.2.11 is for two years extendable not more than twice by one year each based on a performance appraisal process or till the incumbent attains the age of 68 years, whichever is earlier. The Selection Committee under clause 2.1.1 is to consist of the following terms:
"(a) Additional Chief Secretary of the State Government nominated for the purpose - Chairperson.
(b) Representative of Union Ministry of Rural Development - Member
(c) Eminent Civil Society Person nominated by Union Ministry of Rural Development - Member
(d) Principal Secretary / Secretary of the State Nodal Department - Member Covenor"
On 20 January 2014, the State Government appointed twenty Ombudsmen. Eight Ombudsmen were looking after thirty five districts while the balance twelve were assigned with the task of looking after forty districts. A fresh advertisement has now been issued by the State Government on 9 January 2016 for inviting applications and the last date for submission of applications is 15 February 2016.
The appointment of Ombudsmen is a crucial element in the implementation of MGNREGS. Complaints in regard to the implementation of the Act and the schemes are to be considered by the Ombudsmen. The office of the Ombudsmen must perform effectively so that deficiencies in the performance of the schemes and in regard to the implementation of the Act can be noticed, appraised and rectified.
Since the State Government has initiated the process for making fresh appointments in terms of the instructions issued by the Union Government on 24 May 2013, we direct that this process be completed no later than within a period of three months from today.
We direct the State Government to issue wide publicity in newspapers across the State including those with adequate circulations in the district concerned, in order to ensure that information in regard to the proposal for appointment of Ombudsmen is widely disseminated. The Court has been informed by the learned Chief Standing Counsel that the State Government has already done so. Once the Ombudsmen are appointed, the State Government shall ensure that wide publicity is given to the names of the persons so appointed so as to facilitate the filing of complaints as envisaged by law.
The petition is accordingly disposed of. There shall be no order as to costs.
Order Date :- 11.1.2016 VMA (Dr. D.Y. Chandrachud, C.J.) (Yashwant Varma, J.)