SURESH CHANDRA Vs. STATE OF U P

JUDGEMENT

(1.) The petitioner was appointed as a Peon on 29.9.1993 in Nagar Kshetra Samiti (now Nagar Panchayat), Mohanpur, District Etah. He continued to work in Nagar Panchayat, Mohanpur, However, on account of the fact that the petitioner was facing threat to his life at Mohanpur, he approached the District Magistrate, Etah for being attached to some other Nagar Panchayat of the District. By an order dated 13.2.2001 passed by the District Magistrate, Etah the petitioner was attached on a class IV post with Nagar Panchayat, Amapur, District Etah. By the impugned order dated 31.12.2003 passed by the Chairman, Nagar Panchayat, Amapur, District Etah the attachment of the petitioner at Nagar Panchayat, Amapur, District Etah has been cancelled and he has been asked to return back to Nagar Panchayat, Mohanpur, District Etah where he was originally appointed. In the said order it has been specifically stated that because of the attachment of the petitioner, the Nagar Panchayat, Amapur, District Etah was incurring additional expenses due to which the development activities of the Nagar Panchayat were suffering. It was further stated that Nagar Panchayat, Mohanpur was not providing any additional finance for paying the salary of the petitioner and thus the petitioner was asked to return back to his original post in Nagar Panchayat, Mohanpur, District Etah.

(2.) I have heard Sri H.M. Srivastava, learned Counsel appearing on behalf of the petitioner as well as learned Standing Counsel appearing for the State-Respondents and have perused the record.

(3.) Despite time having been granted to the learned Counsel for the petitioner on the earlier occasion, he was not placed before this Court any provision under which the District Magistrate could direct the petitioner, who was a class IV employee, to be transferred, absorbed or attached to some other Nagar Panchayat of the District. The Nagar Panchayat, Amapur as well as Nagar Panchayat, Mohanpur, District Etah are autonomous elected bodies.