Court No. - 33
Case :- WRIT - A No. - 11118 of 2021 Petitioner :- Khushi Ram And 24 Others Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Neeraj Agrawal Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Heard learned counsel for the petitioners and Sri Sharad Chandra Upadhyay, learned counsel for the respondent.
Petitioners have been engaged on contractual basis to perform work as Assistant Technician in different Vikas Khand, Bulandshahar. Petitioners were given the work of prepaing the estimate of the plan/ project of Gram Panchayat in addition to the work under Manrega Scheme. Petitioners are now aggrieved by the order dated 28.7.2021 passed by the District Panchayat Raj Officer, Bulandshahar which records that all development works of Panchayat would be accounted for in the measurement book and would be signed by the Junior Engineer of Minor Irrigation and Village Development Department. Such work would be allotted by the District Magistrate. Petitioners are aggrieved by the above order passed in the meeting dated 28.7.2021. It is alleged that the petitioners' right to perform Gram Panchayat work would be adversely affected.
As per instructions furnished by Sri Upadhyay, Government Order dated 23.1.2017 specifies in Clause-4 that regular technical personnels could be nominated for uploading of work etc. in plan plus scheme.
Whether the measurement books are to be signed by the Technical Assistant or by the Junior Engineer, remains a matter of policy to be determined by the State Government and its authorities. Petitioners are engaged on contractual basis as Technical Assistants and the work of Gram Panchayat was the additional work given to them. In the event a decision is taken to take work from a regular employee instead of contractual employee, which is otherwise in accordance with the Government Order dated 23.1.2017, no exception can be taken to it.
Writ petition lacks merit and is accordingly dismissed.
Order Date :- 28.10.2021 n.u.