N. Anoubi Devi and Ors. v. State of Manipur and Ors.
2006-08-30
T.NANDA KUMAR SINGH
body2006
DigiLaw.ai
Heard Mr. H.S. Paonam, learned counsel for the petitioners as well as Mr. Th. Ibohal Singh, learned G.A. appearing for the respondents 1, 2 and 3. 2. The only relief sought for in the present writ petition is for a direction to the respondents to implement the Sampoorna Gramin Rozgar Yojana (for short 'SGRY') in accordance with the guidelines and other relevant guideline issued by the Government of India. 3. The petitioners are the members of the Panchayat of District Level of Thoubal District. It is said that the petitioner no.1, Smt. N. Anoubi Devi, is the Adhyaksha of the Thoubal Zilla Parishad and the petitioner no.2, Shri Th. Santa Singh, is the Upa-Adhyaksha of the Zilla Parishad. The petitioners are actively involved in implementing various schemes either under the Central or State Government relating to the Panchayat. Over and above, it is their bounden duty and responsibility to implement any scheme sponsored by the Central Government or the State Government which comes within the purview of the Thoubal Zilla Parishad. SGRY is a centrally sponsored scheme. In the course of its share between the Centre and State is in the ratio of 75:25 basis. Chapter No.IV of the guideline issued by the Central Government, Government of India, Ministry of Rural Development, (Deptt. of Rural Development) deals with the distribution of fund amongst the Panchayats in respect of the SGRY in such a manner that - District Panchayat - 20%, Intermediate Panchayat - 30% and Village Panchayat - 50%. 4. In order to substantiate the case of the petitioner, the learned counsel appearing for the petitioners has drawn the attention of this court to the instructions issued by the Director (SGRY-I), Ministry of Rural Development, Deptt. of Rural Development, Govt.of India dated 23rd August, 2005 under which the resources (including foodgrains) under the scheme, i.e. SGRY, will be distributed among the Village Panchayats, Intermediate Panchayats and District Panchayat in the ratio of 50:30:20. For easy reference, the said letter of the Director (SGRY-I) dated 23.8.2005 is quoted hereunder: “BALARAM SHARMA DIRECTOR (SGRY-I) Tele No.23782671 Ministry of Rural Development Deptt. of Rural Development Government of India Krishna Bhavan, New Delhi-110001 D.O. No.Y-24011/38/2002-SGRY-I 23rd August,2005 Sir, Please refer to your letter No.9/1/204-RD (MC) 7 dated 5th July, 2005 regarding clarification allowing District Panchayat to implement 30% share of Intermediate Panchayat under SGRY.
of Rural Development Government of India Krishna Bhavan, New Delhi-110001 D.O. No.Y-24011/38/2002-SGRY-I 23rd August,2005 Sir, Please refer to your letter No.9/1/204-RD (MC) 7 dated 5th July, 2005 regarding clarification allowing District Panchayat to implement 30% share of Intermediate Panchayat under SGRY. According to the Guidelines of Sampoorna Gramin Rozgar Yojana (SGRY), the resources (including foodgrains) under the Scheme will be distributed among the Village Panchayats, Intermediate Panchayats and district Panchayat in a district in the ratio of 50:30:20. It has been done keeping in view that each Panchayat of all the three levels shall independently prepare their Annual Action Plan and implements the works under the SGRY. However, the State of Manipur is having two tier systems and does not have Intermediate Panchayats in the State. In view of the above facts, it clarified that the resources (including foodgrains) under the SGRY shall be distributed among District Panchayat and Village Panchayats in the ratio of 50:50. In view of this, it is requested that Orders dated 24th November, 2004 issued by Government of Manipur, Department of Rural Development constituting Administrative Committee for implementation of 30% of SGRY resources of Intermediate Panchayats may kindly be revised and District Panchayat informed accordingly. With regards, Yours sincerely, Sd/- (Balram Sharma) Shri I. S. Laishram, Commissioner(RD & PR) Rural Development Department Government of Manipur Imphal.” 5. Mr. Th. Ibohal Singh, learned G.A. appearing for the respondents also is not denying the instructions so far made by the Director (SGRY-I) under his letter dated 23.8.2005 to the Government of Manipur. According to the said letter of the Director (SGRY-I) dated 23.8.2005 it has been clarified that the resources (including foodgrains) under the SGRY shall be distributed among District Panchayat and Village Panchayats in the ratio of 50:50. 6. Having regards to the submissions of the leaned counsel for the petitioner as well as the said instructions of the Director(SGRY-I) dated 23.8.2005, this writ petition is disposed of by directing the respondents to distribute the resources/fund under the SGRY in the manner indicated in the said letter of the Director (SGRY-I) dated 23.8.2005 within the stipulated time framed in the SGRY itself. 7. With the above observation and direction, this writ petition is disposed of.