2000 ALL. L. J. 1663 ::2000 A I H C 4059 ::(2000) RevDec 235 ::2000 All CJ 1 673 ::(2000) 2 All WC 869 ::(2000) 39 All LR 360 ::(2000) 2 UPLBEC 1056

Allahabad High Court

Hon'ble Judge(s): N. K. Mitra , C.J. AND S. R. Singh , J

(A) U.P. Panchayat Raj Act (26 of 1947) , S.25(1)— Constitution of India , Art.243G, Art.226— as substituted by U. P. Panchayat Raj (Amendment) Act (27 of 1999) - Panchayat - Transfer of Governmental functions to, vide amendment - It is policy decision of State Govt. - Is not open to judicial review. It is a matter of policy decision of the State Government as to what kinds of governmental functions are to be transferred to Panchayats. The decision taken by the Government under Clause (a) of Section 25 (1) would not be open to judicial review by this Court so long as it is in consonance with Clause (b) of sub-section (1) of Sec. 25 of the Act and Art. 243-G of the Constitution.(Para 7) (B) U.P. Panchayat Raj Act (26 of 1947) , S.25— Constitution of India , Art.311, Art.243G— as substituted by U. P. Act 27 of 1999 - Transfer - Validity - Govt. employee - Transfer of, to Gram Panchayat - Service conditions of such employees to remain same - They were also to continue to be Govt. employees governed by same service conditions applicable prior to transfer - Transfer, cannot therefore be said to be violative of Arts. 14, 16 and 311 of Constitution. It has been very clearly provided in Section 25 (1) (b) of the Act that the service conditions of the....