U.P. HIGH COURT SAY THAT " regularization /absorption of Gram Rojgar Sewak against the vacant post of Gram Panchayat Adhikari strictly in accordance with law"

Court No. – 59

Case :- WRIT - A No. - 25452 of 2014

Petitioner :- Uttar Pradesh Gram Rojgar Sweak Sangh, Maharajganj

Respondent :- State Of U.P. And 3 Others

Counsel for Petitioner :- H.M. Srivastava,Ashok Khare,Neeraj Srivastava

Counsel for Respondent :- C.S.C.

Hon'ble B. Amit Sthalekar,J.

Impleadment application is allowed.

Let necessary impleadment be carried out in the course of the day.

Heard   Sri  Ashok  Khare,   learned   Senior   Counsel   assisted   by   Sri  H.M. Srivastava and Sri Neeraj Srivastava for the petitioners and learned Standing

Counsel for the State-respondents. 

By   this   writ   petition,   the   petitioners   are   seeking   a   direction   to   the respondents to take a policy decision with regard to regularization/absorption of Gram Rojgar Sewak against the substantive vacant post of Gram Panchayat Adhikari.

According  to  the petitioners,   they have been working on  the post  of Gram Rojgar Sewak since 2007 on contract basis. On 3.1.2013 there was a meeting with   the  Commissioner,  Agriculture  with   regard   to   regularization   of   the petitioners and a decision was taken that a Committee would be constituted and, thereafter decision  shall be taken. However, no decision has been taken till date. Representation has also been preferred through Union on 19.2.2013 before the Principal Secretary, Panchayati Raj Vibhag, U.P., Lucknow, copy of which has been filed as Annexure-12 of the writ petition but no decision has been taken so far.

No useful purpose would be served in keeping this petition pending.Without expressing any opinion on the merits of the case and with the consent of   learned counsel   for   the parties,   this  writ  petition  is  disposed of  with a direction to the respondent no.1, the  Principal Secretary, Gram Vikas Vibhag, U.P.,   Lucknow     to   take   a   decision   in   the  matter   with   regard   to   the regularization /absorption of  Gram Rojgar Sewak against the vacant post of  Gram Panchayat  Adhikari   strictly in accordance with law by a reasoned and  speaking order within a period of four months from the date a certified copy

of this order is received in his office.

Order Date :- 6.5.2014

MGNREGS wage rate to go up from April

Minister for Rural Development Jairam Ramesh on Sunday said that the wage rate of UPA’s flagship MGNREGA will be increased from April this year due to inflation. The notification will be placed before Parliament in the coming session scheduled to begin this week.

Addressing the 9th MGNREGA Divas, the Minister said MGNREGA wage rate has already been linked to Consumer Price Index and the yearly revision follows from it. Mr. Ramesh acknowledged that there is need for parity in the MGNREGA wage rate and the minimum wage in nearly 14 States including Bihar and Jharkhand, where the rural job wage is lower than minimum wage.

The Minister also encouraged the officials to motivate and help small and marginal farmers to undertake land levelling and irrigation schemes on their land under MGNREGA and lamented that only 10 per cent farmers have so far benefited from this provision.

Minister of State for Rural Development Pradeep Jain Aditya said that MGNREGA has brought about a revolution in rural India and stopped distress migration from rural to urban areas. He noted that this year more than 3 crore 80 lakh families have benefitted so far. While Mr. Jain acknowledged that fighting corruption in its implementation is a big challenge he asserted that it is the responsibility of the State governments.

“At the moment there is a decline and it is a slightly dull phase for MGNREGA but the programme has huge potential to go beyond just employment generation,” Jean Dreze, eminent economist and activist told The Hindu. Mr. Dreze acknowledged that there are bottlenecks in ensuring timely payment of wages, improving the quality of works. However, he noted that there has been decline in corruption and an increase in transparency. Referring to asset creation, a primary focus of the scheme, Mr. Dreze cited the example of MGNREGA works in Jharkhand on private land, such as land levelling and construction of wells that are also productive.

Mihir Shah, member, Planning Commission, said that in the last three to four years MGNREGA has been made more flexible and about 30 new works were added as per State specifications. He said, social audit has checked corruption to a large extent and with full implementation of Direct Benefits Transfer, the role of middlemen will be abolished.

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