Panchayat:Repo18/Law Manual Page0230

Ombudsman could be criticized of having overstepped the jurisdiction for issuing the directions as done. (Para 6) - Reghuvara Panicker R. v. Secretary, Maranallur Grama Panchayat and Another – 2009 (4) KHC 170.

S. 179(4)-Ameeting convened under R.6 of the Panchayat Raj (Procedure for Panchayat Meeting) Rules can also consider a resolution contemplated in S. 179(4) of the Act to transfer the Secretary. - Parameswaram v. Director of Panchayat – 2005 (2) KLT 248 [2000 (2) KLT 776 Referred to.]

S.179(4) makes it clear that the Government has power to transfer Secretary from one Panchayat to another. There is no fetter on that power. Second part of the section makes it clear that it is obligatory to the Government to transfer a Secretary, if the Panchayat requests for that. That does not enable a Panchayat to pass a resolution that a particular Secretary shall be posted to that Panchayat and a particular Secretary shall be retained to that Panchayat. That is why the second part of the section makes it clear that “if such transfer is recommended by a resolution of the Panchayat". So, the power of the Panchayat is only to request the Government to take away the services of an unwanted Secretary and it cannot seek retention of its blue eyed boy as its Secretary. - Poruthissery Grama Panchayat v. Director of Panchayats - 2000 (2) KLT 776 : 2000 (2) KLJ 205.

180. Officers and Employees of Panchayat.- (1) The officers and employees of the Panchayat, other than contingent employees shall be Government Servants.

(2) The control of the officers of the Panchayat shall be with the Panchayat.

(3) The Panchayat shall pay the officers and employees such salary and allowances as may from time to time, be fixed by the Government and shall also make such contributions towards their leave allowance, pension and provident fund, as may be required by the conditions of their service under the Government, to be made by them or on their behalf.

(4) Subject to the provisions of this Act the Government shall, by rules made under the Kerala Public Services Act, 1968 (19 of 1968), regulate the classification, methods of recruitment, conditions of service, pay and allowances and discipline and conduct of the officers and the employees; and such rules may provide for the constitution of any class of officers or servants of Panchayats into a separate service either for the whole State or for each district.

(5) Two or more Panchayats of the same level may, subject to such rules as may be prescribed, and shall, if so required by any authority empowered in this behalf, by rules appoint the same officer or employees to exercise or discharge any powers or duties of a similar nature for both or all of them.

(6) Notwithstanding anything contained in the Madras Public Health Act, 1939 and the Travancore-Cochin Public Health Act, 1955 the provisions of this section shall apply to the Public health establishments of o[x x] Panchayats.

(7) Notwithstanding anything contained in this Act, and subject to such rules as may be prescribed, the Government may with the concurrence of the Panchayats concerned-

(a) appoint such engineering and other staff necessary for the purposes of any Panchayat and recover from it the salary and allowances paid to the members of such staff and such contributions towards their leave allowances, pension and Provident Fund, as may be required by the conditions of their service under the Government; and