VIJAY KUMAR AGARWAL Vs. STATE OF UTTAR PRADESH THROUGH SECRETARY L.S.G.E.D CIVIL SECRETT., LUCKNOW AND ANOTHER

JUDGEMENT

(1.) These two special appeals are being disposed of together because several points which are common to both the appeals have arisen for consideration.

(2.) The appellant in Special Appeal No. 31 of 1971 is Vijay Kumar Agarwal, who was appointed as an overseer in the Nagar Mahapalika of Lucknow in the month of Feb., 1962, and had continued to work as such till his services were terminated under the provisions of the U.P. Palika (Centralised) Services Rules, 1966, (hereinafter referred to as the Rules) with effect from 30th Aug., 1967.

(3.) The appellant in Special Appeal No. 32 of 1971 is B. N. Uffa. who had been confirmed as an accounts clerk in the service of the Municipal Board of Lucknow. He was working on that post when the Municipal Board was replaced by Nagar Mahapalika, Lucknow, on 1st Feb., 1960, the date from which the U.P. Nagar Mahapalika Adhiniyam, 1959, (hereinafter referred to as the Nagar Mahapalika Adhiniyam) came into force. According to the provisions of Sec. 577 (e) of the Nagar Mahapalika Adhiniyam he became a temporary employee of the Nagar Mahapalika to be absorbed in the post to be created by the Mahapalika under Sec. 106 of the Nagar Mahapalika Adhiniyam. In the year 1966 he was 'appointed Assistant Superintendent under the provisions of Sec. 108 of the Nagar Mahapalika Adhiniyam, and was working as such when he received the order dated 27th Aug., 1967, (Annexure II to the writ petition) passed under Rule 6 (2) of the Rules, stating that he was not found suitable for final absorption and his service of the order.