MAZHARUL ISLAM HASHMI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Appellant, Mazaharul Islam Hashmi, was appointed as Sanitary Inspector on June 8, 1936 by the Municipal Board of Moradabad. He was confirmed in that post in 1937, and was further promoted to the post of permanent Chief Sanitary Inspector in the service of the Board on June 4, 1957.

(2.) Both the U. P. Nagar Mahapalika Adhiniyam, 1959 and the U. P. Municipalities Act, 1916 empowered these local bodies to employ their employees subject to certain regulatory control by the State Government.

(3.) Subsequently, in 1964 the State Legislature enacted the U. P. Nagar Mahapalika (Sanshodhan) Adhiniyam, which added Section 112 A to the U. P. Nagar Mahapalika Adhiniyam, 1959. Similarly, by Section 37 of the U. P. Municipalities (Amendment) Act, 1964, Section 69-B was added to the U. P. Municipalities Act, 1916, which was identical, in terms, to Sec. 112-A. S. 112-A empowered the State Government to provide by rules for the creation of one or more services to be known as Centralised Palika Serivces, as it may deem fit and proper, common to all the Municipal Corporations and Municipal Boards and authorised the same to prescribe the method for recruitment and conditions of service of persons appointed to any such service. Section 112-A of the Adhiniyam of 1959, reads thus: