CHANDRA GUPTA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) BY the impugned order on 10 January 1968, the State Government has removed the petitioner from the office of the president of the municipal board, Kansanj, under Sub-section (2a) of Section 48 of the Uttar Pradesh Municipalities Act. On 15 September 1976 the State Government had served a chargesheet on the petitioner. The chargesheet required his explanation. The petitioner submitted his explanation on 14 October 1968, refuting the various charges. In its impugned order, the State Government has held that the charge relating to the appointment of three persons was substantiated. The State Government found that the petitioner, as the president of the municipal board, had no jurisdiction to make those appointments because the basic salary upon which the appointments were made did not exposed Rs. 40 per month. Such appointments should have been made by the executive officer of the municipal board in view of Section 75 of the Act. The petitioner hence wilfully contravened the provisions of Section 75.

(2.) THE impugned order of the State Government has been challenged on several grounds. It was urged

(3.) SECTION 75 of the Municipalities Act provides: 75. Appointment of permanent inferior staff.- Except as otherwise provided the executive officer shall appoint. (a) servants on a monthly salary not exceeding Rs. 40 or in a city Rs. 50, and (b) * * * The State Government has in the impugned order held that the word "salary" means basic pay, and does not include any allowances. For this view, reliance was placed upon Rule 9 (21) of the Financial Handbook, Vol. II, Part II, where, according to the impugned order, the word "salary" was defined to mean basic pay exclusive of any allowances. Sri Khare appearing for the petitioner invited my attention to this rule. It appears that this defines the word "pay" and not the term "salary". A perusal of the various provisions of the Municipalities Act shows that the word "pay" and the term "salary" have not been used therein as interchangeable terms. Section 50 (b) of the authorizes the president to determine questions arising in respect of service, transfer, leave, pay, privileges and allowances of the servants of the board. Here the word "pay" has been used in conjunction with the allowances, as indicating some of the conditions of service of servants of the board. Section 57 which deals with the appointment of executive officer and medical officer of health in Sub-section (3), uses the phrase "their salaries and conditions of service. " Under it, the appointments of executive officer and medical officer of health are subject to the prior approval of the State Government and their salaries and conditions of service are such as have been prescribed. It was urged with considerable force that if the word "salary" did not include the dearness allowance, the executive officer and the medical officer of health would not at all be entitled to it, because there was no other provision in the Act relating to it. The word "salary" in Section 57 (8) would, in my opinion, include all kinds of emoluments and payments, which the executive officer and the medical officer of health would get. Similarly, under Section 59 (3), salaries appertaining to the appointments of officiating executive officer are to be such as may be prescribed. Under Section 65, the State Government can fix the salary; contribution to the provident fund, pension and other conditions appertaining to the post of executive officer. The same is the position under Section 66 in respect of the secretary of a board. His salary and other conditions of service are to the prescribed. Similarly, Section 66a, which deals with the appointment of an officiating secretary, permits the conditions of service as well as salary to be prescribed. Section 68 (6) uses the term "salary and other conditions of service. " Section 70 vests the power to appoint and fix salaries of temporary servants in the president. Here the word "salary" has been used simpliciter without the phrase "other conditions of service. " The word "salary" here would undoubtedly indicate all kinds of emoluments, which a temporary servant is to get after his appointment. Else, there being no provision dealing with such other allowances, the temporary servants would not be entitled to claim any such allowances.