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Andhra High Court · body

2002 DIGILAW 218 (AP)

V. Chandra Reddy v. Government Of A. P.

2002-02-13

V.V.S.RAO

body2002
V. V. S. RAO, J. ( 1 ) THE petitioner filed the present writ petition praying this Court to issue a writ of mandamus declaring the action of the second respondent namely, District Collector, Medak District, in issuing Proceedings No. A4/6668 of 2001, dated 27-12-2001 appointing the third respondent as Panchayat Secretary to the fourth respondent Grain Panchayat, as arbitrary and illegal. He also sought a direction to respondents 1 and 2 to continue the present Executive Officer to the fourth respondent Gram Panchayat. ( 2 ) THE petitioner is the Sarpanch of the fourth respondent Gram Panchayat. It is a notified Gram Panchayat, by reason of a notification dated 30-1-1999 issued by the District Collector. As it is a notified Gram Panchayat it should have an Executive Officer under the provisions of the Andhra Pradesh Panchayat Raj Act, 1994 ( the Act ) and, therefore, an Executive Officer was posted for the said Gram Panchayat. After issue of G. O. Ms. No. 369, Panchayat Raj and Rural Development (MDL. II) Department, dated 12-12-2001 creating the posts of Panchayat Secretaries for notified as well as non-notified Gram Panchayats, the second respondent, by proceedings dated 27-12-2001 posted the third respondent as Executive Officer - Special Category (IV) Panchayat Secretary of the fourth respondent Gram Panchayat. This order is assailed in this writ petition. ( 3 ) SRI V. Venkataramana, learned Counsel for the petitioner submits that the second respondent has no power to appoint a Village Development Officer (VDO) as Panchayat Secretary to the notified Gram Panchayat. He also submits that the impugned order was passed on some extraneous considerations and the interest of the Gram Panchayat will be seriously jeopardized if the third respondent, who is allegedly a VDO, is appointed as Panchayat Secretary. ( 4 ) THE short question that arises for consideration is whether the impugned proceedings of the District Collector is vitiated by illegality? ( 5 ) THE Government of Andhra Pradesh the first respondent herein, issued G. O. Ms. No. 369, dated 12-12-2001 creating the post of Panchayat Secretary in each Gram Panchayat combining the Revenue and Panchayat functions. The Panchayat Secretary will be under the administrative control of the Gram Panchayat and would also be responsible to the Revenue Department for Revenue functions. No. 369, dated 12-12-2001 creating the post of Panchayat Secretary in each Gram Panchayat combining the Revenue and Panchayat functions. The Panchayat Secretary will be under the administrative control of the Gram Panchayat and would also be responsible to the Revenue Department for Revenue functions. The post of Panchayat Secretary so created would carry the scales of pay depending on the individuals posted to the office of Panchayat Secretary, which are as under. 1. Rs. 4,430. 00 - Rs. 9,300. 00 when Village Development Officer, Grade-I, is posted. 2. Rs. 3,550. 00 - Rs. 7,150. 00 when Village Development Officer, Grade-II, is posted. 3. Rs. 3,290. 00 - Rs. 6,550. 00 when Village Development Officer, Grade-III and Junior Assistants-cum-Bill Collectors/ Junior Assistants (working in non-notified Gram Panchayats in sanctioned provincialised posts and entitled to draw their salaries from the Treasury) and qualified Village Administrative Officers with Intermediate qualification and below 58 years of age are posted. 4. Rs. 2,870. 00 - Rs. 5,470. 00 when the Village Administrative Officers with SCC qualification and below 58 years of age are posted. ( 6 ) AS per paragraph 8 of the said Government Order (G. O. Ms, No. 369), Executive Officers Grade I and Grade II working in Gram Panchayat will be re-designated as Panchayat Secretaries in all the notified Gram Panchayats. As per the Government Order, no fresh recruitment will be done to fill up the posts of Panchayat Secretaries. Paragraph 9 requires the posting of Panchayat Secretaries to non-notified Gram Panchayats by deployment of the following persons : (I) Village Development Officer, Grade -I. (ii) Village Development Officer, Grade - II. (iii) Village Development Officer, Grade - III and Junior Assistants-cum-Bill Collectors/ Junior Assistants working in non-notified Gram Panchayats in sanctioned provincialised posts with regular time scale and are entitled to draw their salaries from Treasury. (iv) The supernumerary Junior Assistants in the Revenue Department. (v) From among qualified Village Administrative Officers as per the qualifications given below after obtaining their option. (vi) From the surplus man power pool provided by Finance Department. (vii) The existing time-scale of the Village Development Officers and Junior Assistants/junior Assistants-cum-Bill Collectors will be protected. Their promotional channels will be as they stand now. ( 7 ) A reading of G. O. Ms. (vi) From the surplus man power pool provided by Finance Department. (vii) The existing time-scale of the Village Development Officers and Junior Assistants/junior Assistants-cum-Bill Collectors will be protected. Their promotional channels will be as they stand now. ( 7 ) A reading of G. O. Ms. No. 369, dated 12-12-2001 creating the posts of Panchayat Secretaries would show that a Village Development Officer, Grade-I, Grade-II or Grade-Ill can also be posted as Panchayat Secretary in a non-notified Gram Panchayat. However, as per paragraph 8 of the Government Order, only Executive Officers, Gram Panchayats Grade-I and Grade-II can be posted and are re-designated as Panchayat Secretaries. ( 8 ) THE learned Counsel for the petitioner would contend that having regard to the various statutory rules regulating the conditions of service of Executive Officers of Gram Panchayats of all grades, the Government Order being in the nature of executive instructions cannot supplement the statutory rules. The statement is without any substance having regard to the various statutory rules governing the field. ( 9 ) IN exercise of their powers conferred under the proviso to Article 309 of the Constitution of India read with subsection (3) of Section 36 of the Andhra Pradesh Gram Panchayat Act, 1964, the Government of Andhra Pradesh promulgated A. P. Panchayat Raj (Executive Subordinate) Service Rules, 1982 ( 1982 Rules for brevity ). As per Rule 2, Divisional Panchayat Officer, Extention Officer, (Panchayats), Executive Officer, Gram Panchayat, Grade-I and Grade-II, constitute the Panchayat Raj Subordinate Service. Executive Officers Grade-I and Grade-II are treated as categories-3 and 4 respectively. As per Rule 3, Executive Officers, Grade-I are appointed either by promotion from the category of Executive Officers Grade-II or by transfer of VDOs Grade-I subject to condition that in a cycle of five vacancies, the third and fifth vacancy shall be filled up by appointment by transfer form the category of VDOs Grade-I. Insofar as the post of Executive Officer Grade-II is concerned, the same can be filled up either by direct recruitment or transfer of Junior Assistants-cum-Bill Collectors and Junior Assistants of Gram Panchayats, by transfer of Junior Assistants of the offices of Divisional Panchayat Officers and District Panchayat Officers and by transfer of VDOs Grade-II. This is also subject to the condition that in a cycle of eight vacancies, the fourth, sixth and eight vacancy shall be filled up by transfer of VDOs Grade-II. This is also subject to the condition that in a cycle of eight vacancies, the fourth, sixth and eight vacancy shall be filled up by transfer of VDOs Grade-II. Rule 5 of 1982 Rules lays down the qualifications/eligibility criteria. A VDO Grade-II to be eligible to be appointed as Executive Officer Grade-I by transfer must have put in eight years of service as VDO Grade-I. Likewise, a VDO Grade-II to be considered for appointment as Executive Officer Grade-II, must have put in five years of service as VDO. The rules made in 1982 were superseded by new set of rules issued in G. O. Ms. No. 132, PR and RD (E. IX) Department, dated 24-3-1998. These rules called a. P. Panchayat Subordinate Service Rules, 1998 were issued in exercise of the powers conferred under proviso to Article 309 of the Constitution of India read with Sub-section (3) of Section 36 of A. P. Panchayat Raj Act to govern various posts including the post of Executive Officer Grade-I and Grade-II who form categories 2 and 3 respectively of Class A (supervisory posts ). Rule 3 deals with method of appointment and appointing authority. Insofar as the post of Executive Officer Grade-I and Grade-11, the relevant Rule 3 reads as under: ( 10 ) NOTE (2) and Note (3) appended below Rule 3 gives the cycle of appointment for filling up the posts of Executive Officer Grade-I and Grade-II, which is almost similar to the cycle of appointment under 1982 Rules. ( 11 ) ANOTHER set of rules known as A. P. Panchayat Subordinate Service (Supplementary) Rules, 2001 ( 2001 Rules ) were issued in supplementation of 1998 Rules referred to hereinabove. These rules were also issued in exercise of the powers conferred under the proviso to Article 309 of the Constitution of India read with Sub-section (3) of Section 36 of A. P. Panchayat Raj Act, 1994. As per Rule 2 of 2001 Rules, the following posts are included in A. P. Panchayat Subordinate Service as additional categories. 1. Executive Officer - Special Category - I (Panchayat Secretary) 2. Executive Officer - Special Category - II (Panchayat Secretary) 3. Executive Officer - Special Category - III (Panchayat Secretary) 4. Executive Officer - Special Category -IV (Panchayat Secretary ). 5. 1. Executive Officer - Special Category - I (Panchayat Secretary) 2. Executive Officer - Special Category - II (Panchayat Secretary) 3. Executive Officer - Special Category - III (Panchayat Secretary) 4. Executive Officer - Special Category -IV (Panchayat Secretary ). 5. Executive Officer - Special Category - V (Panchayat Secretary)THE method of appointment for various posts is provided under Rule 3 which reads as under: ( 12 ) RULE 3 of 2001 Rules consists of five provisos which lay down modalities as to posting of VDOs Grade-I, Grade-II and Grade-Ill to the post of Panchayat Secretary depending on the income of the Gram Panchayat. The higher the income of the Gram Panchayat, the higher must be grade of Executive Officer/panchayat Secretary. It is made clear by fourth proviso to Rule 3 which lays down that if the Panchayat s income is less than the category mentioned in the third proviso, it will be categorised into another category starting from the higher income Panchayats out of the left over Panchayats and qualified VDOs will be posted in these Panchayats. Be it also noted, a VDO Grade-I, Grade-II or Grade-III may give option to be adjusted in the Panchayat as Panchayat Secretary. ( 13 ) IN the annexure to G. O. Ms. No. 384, dated 22-12-2001, the Government also issued operational guidelines to be followed by District Collectors while filling up the posts of Panchayat Secretaries. As per G. O. Ms. No. 369, RPandrd (Mdl. II) Department, dated 12-12-2001, these operational guidelines read as under:1. A District Level Committee headed by Collector would be responsible for filing up these posts. The following officers will be members of the District Level Committee. D. R. P. C. E. O. (Z. P) and D. P. O D. P. O will be Convenor of the Committee. 2. The District Level Committee will evolve criteria for positioning the Panchayat Secretaries from out of the categories mentioned in G. O. Ms. No. 369 under paras 9 and 10 subject to following conditions. (a) The present Executive Officer (Pts.) Grade-I and Grade-II will be re-designated as Panchayat Secretary and retained in the same Panchayat. (b) Qualified VAOs opting would be posted outside the native Mandal. (c) Provincialised JA/jabcs of P. R Department would also be posted outside their native Mandal. (d) VDO men and women will be treated as one category and posted as Panchayat Secretaries. (b) Qualified VAOs opting would be posted outside the native Mandal. (c) Provincialised JA/jabcs of P. R Department would also be posted outside their native Mandal. (d) VDO men and women will be treated as one category and posted as Panchayat Secretaries. (e) Panchayat Secretary would invariably be posted in Panchayats were unqualified VAOs are still there or qualified VAOs have not opted to come as Secretaries (They will be re-designated as part-time Assistants to Gram Panchayats ). (f) The surplus manpower information district-wise is herewith enclosed. (g) Options and undertaking for Pension will be taken from qualified VAOs who are opting in the Format to be communicated by Revenue Department. ( 14 ) THE various rules referred to hereinabove would show that a VDO is also eligible for being appointed by transfer to the post of Executive Officer, Gram Panchayat. Further, as per Rule 3 of 2001 Rules, the post of Executive Officer Special Category IV (Panchayat Secretary) can also be filled up by appointment by transfer of VDOs. But it is always permissible to post a VDO Grade-I, Grade-II or Grade-Ill to the next higher category subject to availability of vacancies in the category of Panchayat Secretary. As per G. O. Ms. No. 384, dated 22-12-2001 (2001 Rules), the post of Executive Officers Special Categories - I, II, III, IV and V (Panchayat Secretary) can also be filled up by transfer from the post of VDO of respective Grade/category. In this case, the District Collector has precisely done the same thing by first appointing the third respondent by transfer to the category of Executive Officer Special Category IV in A. P. Panchayat Subordinate Service and then posted her as Executive Officer of Bollaram Gram Panchayat, Jinnaram Mandal. ( 15 ) THE learned Counsel contends that VDO cannot be posted as Panchayat Secretary to a notified Gram Panchayat. The short journey through various rules governing the Panchayat Secretaries, especially the post of Executive Officer in the preceding paragraphs would show that the submission is without any substance and devoid of merits. The A. P. Panchayat Subordinate Service (Supplementary) Rules, 2001 is complete answer to the questions raised in the writ petition. ( 16 ) IN the result, the writ petition fails and the same is accordingly dismissed. No costs.