RAM NIWAS GARG Vs. STATE OF U.P.

JUDGEMENT

(1.) The petitioner was initially appointed as a Toll Moharrir in the Town Area Shikarpur, District Buland Shahr in November, 1972. On promotion, he was appointed and posted as Bakshi in the Town Area Syana, District Buland Shahr on 8. 10. 1976. With effect from 15. 5. 1984 as per Government Notification dated 10. 5. 1984, copy Annexure 2 to the writ petition, Town Area Committee Syana was upgraded and converted into a Class IV Nagar Palika. This notification was issued under Sec. 4 (1) (a) of the U.P. Municipalities Act, 1916 (hereinafter to be referred to as 'the Act'). The petitioner's case is that on the date immediately preceding 15. 5. 1984, the petitioner was in full time employment of the Town Area Committee as Bakshi/Secretary and that upon up gradation of the Town Area into Class IV Municipality, his services stood transferred to, and he became officer of the Nagar Palika Syana, District Bulandshahr as provided in Sec. 333-A of the Act. The petitioner's case further is that the District Magistrate, Bulandshahr, opposite party No. 3 passed orders dated 20. 5. 1984 according approval for the petitioner to work as Executive Officer, Nagarpalika, Syana. A copy of this order dated 20. 5. 1984 is annexed as Annexure 3 to the writ petition. According to the petitioner, he has given his option for him permanent absorption in the Nagar Palika Syana as its Executive Officer as required under Rule 6 (4) of the U.P. Palika (Centralised) Services Rules, 1966 (hereinafter to be referred to as 'the Rules') and that he is entitled to be so absorbed but despite the recommendations of the District Magistrate, the State Government has not passed any orders for the permanent absorption of the petitioner in the Services of the Municipal Board, Syana as its Executive officer. It is alleged that the State Government has passed orders for the absorption of other persons named in various Town Area Committees. They were absorbed as Executive Officers in the concerned Nagar Palikas upon the up gradation of the Town Areas into Class IV Municipalities. The act of the State Government in not passing any order for the petitioner's permanent absorption is said to be discriminatory against the petitioner.

(2.) Through this writ petition filed on 27-10-1986, the petitioner seeks the relief of a writ in the nature of mandamus commanding the opposite parties to treat the petitioner as having been absorbed and appointed as Executive Officer in the Municipal Board, Syana, with effect from 10.5.1984 and for payment of arrears of his salary admissible on this post.

(3.) On behalf of the State, the writ petition has been contested raising the pleas that the petitioner's case was considered by the State Government but he was not found suitable for absorption and that the petitioner has been charged under Sections 409/420/120-B of the Indian Penal Code and Sec. 5(2) of the Prevention of Corruption Act and he could not be absorbed on the post of Executive Officer at this stage and orders for his transfer as Secretary of the Town Area Barkot, District Uttar Kashi were passed. According to the opposite parties, the petitioner's claim of his having become officer of the Nagar Palika, Syana, is not legally sustainable and unless he is considered suitable for absorption, he is not entitled to the post of Executive Officer of tire Municipal Board.