SITARAMASWAMI M Vs. STATE OF ANDHRA

JUDGEMENT

(1.) The petitioner prays for the issue of a writ of mandamus or any other appropriate writ directing the Government to forbear from giving effect to the orders passed in G.O. Ms. No. 1082, dated 8 November, 1954, and to prepare his pension roll with reference to his services as municipal commissioner. The petitioner was a head clerk in the Revenue Divisional Officer's office at Narasaraopet on a fixed pay of Rs. 75. In the year 1943, he was appointed as fourth grade municipal commissioner. In due course he was promoted as second-grade commissioner and he acted in that capacity till 1 October, 1954, the date of his retirement. On that date he put in a petition to the Government with a request that his pension should be fixed on the basis of the pay drawn by him as commissioner. The Government issued orders stating that the pay of municipal commissioner could not be said to be one drawn as in State service and consequently his pension could not be determined with reference to the pay drawn by him as municipal commissioner. He was also asked to address the Collector, Guntur, to prepare his pension papers and get his pension sanctioned. It is this order that is now impugned before me.

(2.) In support of this petition, it is urged by Mr. Chandrasekhara Sastri that the commissioners are appointed by Government, that their transfers are effected and leave granted by Government and they are removable from office by the same authority and that they are amenable to the disciplinary jurisdiction of the same authority and so the commissioners should be regarded as being in the service of the Government with the result that on their retirement their pension and leave allowances should be governed by the conditions of service of the department from which they were transferred.This argument is founded on S.12C of the District Municipalities Act which lays down :

(3.) Another provision called in aid to substantiate this argument is rule 30 of the Madras Civil Services (Classification, Control and Appeal) Rules which runs as follows :