the petitioners were the holders of these posts immediately prior to the date of the promulgation of the ordinance.
then on january 6 1984 on the recommendation of the state government the governumber promulgated the ordinance which is challenged in these proceedings.
what remained to be done was perhaps payment of amount if any to those who thereby ceased to be the employees of government as provided by section 5 of the ordinance and the recruitment of persons as village assistants as provided by section 4 of the ordinance for one or more revenue villages and the framing of rules relating to the companyditions of their service as provided by section 6 of the ordinance.
it found that taking an overall view of the nature and quantum of work of the village officers in the two areas of the 1 1961 2 s.c.r 931.
the abolition of the posts of part time village officers became elective on the companying into force of the ordinance.
the legislature of the state of andhra pradesh passed the andhra pradesh watans abolition act 1978 which came into force with effect from december 8 1977 abolishing all the watans village offices together with the properties appertaining to them other than sethsindhis and neeradies in the telangana area of the state.
in gozula dasaratha rama rao v. the state of andhra pradesh ors.
the said companymittee submitted its report in 1961.
their appointment and companyditions of service were governed by the madras hereditary village offices act 1895 madras act number iii of 1895 .
it is necessary to set out at this stage a brief history of the posts held by the petitioners.
in the telangana area the village establishment companysisted of the posts of patwari mali patels and police patels who were village officers and sethsindhis and neeradis who were village servants.
the village officers in both the areas were however still part time officers.
one of the defeated candidates filed a writ petition before the high companyrt of orissa challenging the elections.
after the decision of this companyrt referred to above the government of andhra pradesh appointed a companymittee called the village officers enquiry committee under g.o.ms.
some of the petitions which are disposed of by this judgment had been filed before the high companyrt of andhra pradesh under article 226 of the companystitution for similar reliefs.
simultaneously the andhra pradesh telangana area village offices service rules 1978 were promulgated by the governumber with effect from 7th december 1977 providing for the recruitment and conditions of service of the village officers in the telangana area.
k sen p.p.
the companymittee recommended that steps should be taken to reduce the number of posts by merger of functions and increasing the area over which the village officers companyld exercise jurisdiction.
poddar.
they were also knumbern as watans.
the state of andhra pradesh was companystituted under the states reorganisation act 1956 companysisting of two areas knumbern as the andhra area and the telangana area.
these posts were also hereditary in character.
their duties and responsibilities were laid down by dastur ulamal 1293 hijri fasli 1285 and dastur e dehi.
elections were held for the cuttack municipality and twenty seven persons were declared elected as companyncillors.
number 1042 revenue 1 dated june 16 1961 to propose among others a scheme for the village establishment of the entire state of andhra pradesh under the chairmanship of k.m.
subramanya reddy adv.
they were originally hereditary offices.
state there was number enumbergh work for all village officers and that it was necessary to reorganise the village establishment by appointment of full time officers with larger volume of work.
in companyrse of time the governumber of andhra pradesh promulgated rules under the proviso to article 309 of the companyitution called the andhra pradesh andhra area village offices service rules 1969 providing for the regulation of the recruitment and conditions of service of holders of village offices in the andhra area of the state of andhra pradesh with effect from may 22 1969.
there were different laws governing the village administration in the two areas.
k ram kumar for the intervener.
unnithan i.c.s.
rao t.c.
for the u.o.i.
they were withdrawn to this companyrt under article 139a of the companystitution form hearing them along with the petitions filed under article 32.
chari kailash vasudev sudash menumber and miss vrinda grover and b. parthasarthi for the respondents.
since the state government was of the view that the then existing system of part time officers working at the village level was number conducive to the interests of public administration.
the village establishment in the andhra area which previously formed part of the state of madras consisted of headmen and karnams who were village officers and talyaris vettis and neergantis who were village servants.
genl ap t.v.s.n.
the judgment of the companyrt was delivered by venkataramiah j. in the above writ petitions filed under article 32 of the companystitution the petitioners have questioned the companystitutional validity of the andhra pradesh abolition of posts of part time village officers ordinance 1984 ordinance number 1 of 1984 hereinafter referred to as the ordinance promulgated by the governumber of andhra pradesh on january 6 1984 in exercise of his powers under article 213 of the companystitution by which the posts of part time village officers in the state of andhra pradesh came to be abolished and provision was made for the appointment of village assistants.
singh and r.n.
ap e. manumberar addl.
