JUDGMENT Devendra Kumar Upadhyaya,J. Heard learned counsel for the petitioners and learned Standing Counsel appearing for the State-respondents. The petitioners are working as Safai Karmacharis in different Gram Panchayats of districts Basti and Siddharth Nagar. The grievances raised in this petition are in respect of certain clauses contained in the circular dated 16.09.2009, issued by the Director, Panchati Raj, Uttar Pradesh to all the District Panchayat Raj Officers, wherein the job assigned to Safai Karmis have been enumerated and certain other provisions in respect of supervisory control and sanction of leave to Safai Karmis, have been made. Submission of learned counsel for the petitioners is that the petitioners are government servants and as such the impugned circular dated 16.06.2009 so far as it provides that the Gram Pradhan of the Gram Panchayat concerned shall be the controlling authority of the Safai Karmai and that Safai Karmis shall work under the control and instructions of the Gram Pradhan is impermissible. It has further been contended by the learned counsel for the petitioners that the provisions contained in the circular dated 16.06.2009 which provides that the attendance register of the Safai Karmis shall be kept in the custody of the Gram Pradhan and casual leave upto 3 days shall be sanctioned by the Gram Pradhan is also not lawful for the reason that any such control or power to sanction the leave etc. in respect of government servant, can be exercised only by the appointing authority or by any other government servant to whom such powers are delegated and not by the Gram Pradhan. Learned counsel for the petitioners has also argued that the Village Pradhan is an elected representative and hence, keeping the services of a government servant like the petitioners under his supervision would be offending the service rules regulating the service conditions of the petitioners. The Parliament with a view to give constitutional status to Panchayats of three tier Panchayat System enacted Part-IX of the Constitution, which has been inserted in the Constitution w.e.f. 24.04.1993. Article 243-G of the Constitution of India empowers the Legislature of a State to endow the Panchayats with such powers and authority as may be necessary for enabling the Panchayats to function as institutions of self-government. It further provides that such a law to be made by the Legislature will contain provisions for devolution of powers and responsibilities upon Panchayats at the appropriate level. It further provides that such a law to be made by the Legislature will contain provisions for devolution of powers and responsibilities upon Panchayats at the appropriate level. Article 243-G of the Constitution of India is quoted herein below: - "243-G. Powers, authority and responsibilities of Panchayats-Subject to the provisions of this Constitution, the Legislature of a State may, by law, endow the Panchayats with such powers and authority as may be necessary to enable them to function as institutions of self government and such law may contain provisions for the devolution of powers and responsibilities upon Panchayats at the appropriate level, subject to such conditions as may be specified therein, with respect to- (a) the preparation of plans for economic development and social justice; (b) the implementation of schemes for economic development and social justice as may be entrusted to them including those in relation to the matters listed in the Eleventh Schedule." After insertion of Part-IX in the Constitution of India, the State Legislature of Uttar Pradesh thoroughly amended the U.P. Panchayat Raj Act, 1947 by means of an amending Act, namely, U.P. Act No.9 of 1994. By the said provision contained in Act No.9 of 1994, functions of Gram Panchayat as given in Chapter-IV of U.P. Panchayat Raj Act, 1947, have been revised and functions, which have been assigned by the said enactment of the State Legislature are in tune with the provisions contained in Article 243-G read with Eleventh Schedule of the Constitution of India, wherein certain functions to be performed by the Panchyats have been listed. Entry 23 of the Eleventh Schedule of the Constitution of India reads as under: "(23.) Health and sanitation, including hospitals, primary health centres and dispensaries." Thus, a conjunctive reading of Article 243-G and the Entry 23 of the Eleventh Schedule of the Constitution of India, makes it abundantly clear that one of the functions assigned to the Panchayats by the Constitution is sanitation as well. In tune with the aforesaid constitutional provision, the State Legislature while re-enacting/amending section 15 of the U.P. Panchayat Raj Act, 1947 has provided medical and sanitation as one of the duties and functions of the Gram Panchayat. Section 15 (xxiii)(a) provides that promoting rural sanitation as one of the functions of Gram Panchayat. In tune with the aforesaid constitutional provision, the State Legislature while re-enacting/amending section 15 of the U.P. Panchayat Raj Act, 1947 has provided medical and sanitation as one of the duties and functions of the Gram Panchayat. Section 15 (xxiii)(a) provides that promoting rural sanitation as one of the functions of Gram Panchayat. Section 15 (xxiii)(a) of Gram Panchayat Act, 1947 is extracted herein below: - "(xxiii) Medical and sanitation: (a) Promoting rural sanitation." Thus, in terms of the provisions contained in Section 15 of U.P. Panchayat Raj Act, 1947, which has been enacted in the light of the provisions contained in Part-IX of the Constitution of India, sanitation of the village concerned is not only its duty but a statutory constitutional function of the Gram Panchayat concerned. The circular dated 16.06.2009, issued by the Director of Panchayati Raj is, thus, an extension of the constitutional and statutory provisions, as discussed above. The offending clauses as per the learned counsel for the petitioners in the impugned circular dated 16.06.2009 are clauses 5 and 7, which are quoted herein below: - "5.fu;U=d izkf/kdkjh% xzke iz/kku lQkbZdehZ ds fu;U=d izkf/kdkjh gksaxs rFkk lQkbZ dehZ xzke iz/kku ds fu;a=.k ,oa funsZ'ku esa lQkbZ dk;Z djsaxsA 7- lQkbZ dfeZ;ksa dh vodk'k iaftdk xzke iz/kku ds ikl j[kh tk;sxhA rhu fnu rd dk vkdfLde vodk'k xzke iz/kku ds Lrj ls rFkk blls vf/kd dk vodk'k lgk;d fodkl vf/kdkjh ¼ia0½ ds Lrj ls Lohd`r fd;k tk;sxkA vftZr@fpfdRlh; vodk'k fu;qfDr izkf/kdkjh] ftyk iapk;rjkt vf/kdkjh ds Lrj ls Lohd`r fd;k tk;sxkA mijksDr vodk'kksa ls lEcfU/kr izkFkZuk i=ksa dk vxzlkj.k lgk;d fodkl vf/kdkjh ¼ia0½ ds fy, xzke iz/kku }kjk ,oa ftyk iapk;rjkt vf/kdkjh ds fy, lgk;d fodkl vf/kdkjh ¼ia0½ }kjk fd;k tk;sxkA" According to clause 5 of the said circular dated 16.06.2009, controlling authority of Safai Karmis is the Gram Pradhan. It further provides that Safai Karmis will discharge their duties under the control and directions of the Gram Pradhan concerned. Clause 7 of the said circular provides that in case of sanction of casual leave upto three days, the same shall be sanctioned by the Gram Pradhan and further that the attendance register of Safai Karmis will be kept in the custody of the Gram Pradhan. Clause 7 of the said circular provides that in case of sanction of casual leave upto three days, the same shall be sanctioned by the Gram Pradhan and further that the attendance register of Safai Karmis will be kept in the custody of the Gram Pradhan. In my considered opinion, clauses 5 and 7 of the said circular dated 16.06.2009, have been issued by the Director, who is functionary of the State Government, to empower the Pradhans and strengthen the Panchayat System with a view to promote local self governance by the elected body of the village concerned. The Gram Pradhan is the elected head of the Gram Panchayat in terms of the provisions contained in U.P. Panchayat Raj Act, 1947 and hence, in case the petitioners or other Safai Karmis are kept under the control of the Gram Pradhan concerned, such a provision is referable and traceable to the provisions contained in Article 243-G read with Eleventh Schedule of the Constitution. Such a circular is also referable and traceable to the provisions contained in Section 15 (xxiii) (a) of U.P. Panchayat Raj Act and hence, the circular which is said to be offending as per the argument of learned counsel for the petitioners, has a statutory and constitutional status. It may also be observed, at this juncture, that it is not that the Gram Pradhan has been assigned the functions as appointing authority of Safai Karmis. Clause 3 of the said circular dated 16.09.2009 unambiguously states that the appointing authority of Safai Karmis will be the District Panchayat Raj Officer and posting and transfer of a Safai Karmi are also to be made by the appointing authority i.e. by the District Panchayat Raj Officer and not by the Gram Pradhan. It only provides that the salary of Safai Karmi will be drawn only on a certificate to be issued by the Gram Pradhan as regards the attendance of the Safai Karmis. It only provides that the salary of Safai Karmi will be drawn only on a certificate to be issued by the Gram Pradhan as regards the attendance of the Safai Karmis. Clause 3 of the said circular further provides that the attendance register of Safai Karmi concerned shall be kept under the custody of the Gram Pradhan which shall be signed regularly by the Safai karmi and the Assistant Development Officer (Panchayat) and District Panchayat Raj Officer during their visit to the village shall examine the attendance register and shall also put their signatures on the same and will also enquire about the attendance of the Safai Karmi from the residents of the village. Merely because the Safai Karmis are to work under the control and instruction of the Gram Pradhan will not amount to usurpation of any power or authority which otherwise is to be exercised by the appointing authority. It is not the Gram Pradhan, who is the disciplinary authority or an authority empowered to transfer and ensure positing of Safai Karmis. As per the circular dated 16.06.2009 what has been entrusted to Gram Pradhan is that Safai Karmis shall discharge their duties under his instructions. The Gram Pradhan is the elected head of the village concerned and it may be required the Safai Karmis, appointed in the village concerned, may work under his directions for the reason that the Gram Pradhan being head of the elected Gram Panchayat has to ensure that functions of the Gram Panchayat as enumerated in section 15 of U.P. Panchayat Raj Act, 1947 are discharged. It may further be observed that merely because the circular dated 16.06.2009 provides that leave up to three days shall be sanctioned by the Gram Pradhan does not make the circular bad or unlawful. Such an authority for grant of three days leave to Safai Karmis and requirement of certification of their attendance before making payment of salary only empowers the Gram Pradhan to ensure that functions of the Gram Panchayat, which are statutory in nature, are performed and discharged appropriately. For the reasons disclosed herein above, I do not see any illegality in the alleged offending clauses of the circular dated 16.06.2009, issued by the Director, Panchati Raj, Lucknow. The writ petition is, thus, dismissed. No order as to costs.