LAWS(ALL)-1974-5-42

JWALA PRASAD Vs. ZILA PARISHAD, AGRA AND OTHERS

Decided On May 02, 1974
JWALA PRASAD Appellant
V/S
Zila Parishad, Agra And Others Respondents

JUDGEMENT

(1.) Jwala Prasad has filed this appeal against the judgment of a learned Single Judge dated 18th Dec., 1967, dismissing his petition under Art. 226 of the Constitution.

(2.) Petitioner was appointed as a vaccinator on an initial salary which was less than Rs. 40.00, by the District Board, Agra. He was confirmed on that post in the year 1946. By an order dated 23rd Aug., 1967, the Mukhya Adhikari, Zila Parishad, Agra, terminated the services of the petitioner. Item then filed the petition giving rise to the present appeal, contending that the Mukhya Adhikari was not competent to determine his employment as the power is vested either in the Adhyaksha, Zila Parishad. or in the Swasthya Adhikari, Zila Parishad Learned Single Judge did not accept this submission and dismissed the petition.

(3.) Ever since the issue of notification No. 261/1X-1948, dated 31st May, 1946, and as per Rule 2 of the conditions of service of vaccinators employed by District Boards in Uttar Pradesh, published at page 258 of the District Board Manual, the appointing authority of a vaccinator had been the President of the District Board concerned. In the year 1961, the State Legislature enacted Uttar Pradesh Kshettra Samitis and Zila Parishad Adhiniyam, 1961 (hereinafter referred to as the Adhiniyam), providing for the construction of Zila Parishad and Kshettra Samitis in place of the District Board, which had been functioning under the District Boards Act. Chapter IV of the Adhiniyam makes provision which consists of Secs. 39 to 55 regarding officers and servants of Zila Parishad and Kshettra Samitis. Sec. 39, (1) provides that subject to any special directions issued by the State Government, a Zila Parishad shall have, under the Adhiniyam posts of officers mentioned therein. Sub-sec. (2) enables the Zila Parishad to create other posts of officers and servants in connection with its affairs subject to such conditions as may be prescribed by rules or by the resolution of the Parishad. According to Sub-see. (3) certain Government servants were to be ex-officio officers of the Zila Parishad. Sec. 43 lays down the authority and the procedure for appointment to various posts under the Zila Parishad. Sec. 46 of the Adhiniyam then provides that not withstanding the provisions of Secs. 39 and 43, all officers and servants in the employment of a District Board constituted under the District Boards Act, 1922, and of Antarim Zila Parishad immediately before the appointed date, shall subject to Sub-sec. (2) become officers and servants employed by the Parishad and until appointed to posts created under Sec. 39, they shall be entitled to same salaries and allowances and will be subject to the same conditions of service to which they were entitled or subject immediately before the appointed date. Sub-sec. (2) of Sec. 46 lays down the procedure that has to be followed in appointing officers and servants who were the servants of the erstwhile District Board, whose services had been continued under Sec. 46(1) to posts created under Sec. 39. This sub-section contemplates that first of all the posts created under Sec. 39 are to be filled by officers and servants who were the employees of the erstwhile District Board or of the Antarim Zila Parishad and who by virtue of Sub-sec. (1) became the employees of the 'Zila Parishad. If, for any post, suitable persons from. out of the aforesaid officers and servants of erstwhile District Bofard or Antarim Zila Parishad are not available, the Zila Parishad has been authorised to appoint outsiders to those posts. If in any case such an officer or servant whose services had been continued under Sec. 46(1) declines 'to accept the post to which he is appointed, on the ground that the pay attached to the post is less than his present time scale of pay, his services had to be terminated alter giving him such notice and on such terms to which he would have been entitled to on abolition of the post held by him as if the Adhiniyam had not been passed.