TEJPAL SINGH VERMA Vs. STATE OF U P

JUDGEMENT

(1.) S. Rafat Alam and Sudhir Agarwal, JJ. Aggrieved by the judgment dated 31. 7. 1997 of Hon'ble single Judge dismissing the Writ Petition No. 13609 of 1981 the petitioner-appellant (hereinafter referred to as the "petitioner") has filed this intra- Court appeal under the Rules of the Court.

(2.) THAT facts in brief giving rise to the present dispute are that the post of Revenue Inspector in the scale of 195-300 was lying vacant at Nagar Palika, Saharanpur due to the death of one Sri Jagdish Prasad who was working on the said post. The Officer In-charge, Nagar Palika decided to fill in the post by direct recruitment. It appears that a requisition sent to Employment Exchange, Saharanpur on 15. 9. 1980 inviting names for making selection on the post of Revenue Inspector and fixing 29. 9. 1980 for interview. The Employment Exchange did not make any recommendation. On 29. 9. 1980 an office note was put up before the Officer In-charge, Nagar Palika, Saharanpur that "the employment exchange has not made any recommendation pursuant to the requisition dated 15. 9. 1980 and nobody appeared for interview on 29. 9. 1980 which was the date fixed for interview, since the post was lying vacant since long and, therefore, some of the applications which has directly been received in the office, if permitted be processed with and the applicants be directed to appear for interview. "

(3.) HAVING given our serious thought to the matter, however, we do not find any force in the submission. The post which are not within the purview of Centralised Service Rules and are in the category of Permanent Superior Staff were liable to be filled in by the President of concerned Municipality by virtue of Section 74 of the U. P. Municipalities Act, 1916 (hereinafter referred to as the "act" ). Section 74 as it stood in the year 1980 reads as under : "74. Subject to any provisions to the contrary contained in Sections 57 to 73, servants on or drawing a monthly salary exceeding Rs. 50 or in a city Rs. 75 shall be appointed and may be dismissed, removed or otherwise punished, or the services of a probationer may be terminated, by the President, subject to the right of appeal except in the case of the termination of the service of a probationer, to such authority within such time and in such manner as may be prescribed : Provided that an appointment on a monthly salary of Rs. 250 or over in the case of cities and of Rs. 100 or over in other cases shall be subject to approval of the board. "