NATHUSINGH CHOUHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS is a petition by Nathusingh Chouhan challenging the validity of rule 7 of the M. P. Municipal Services (Scales of Pay and Allowances) Rules, 1967, framed by the State Government under section 95 of the M. P. Municipalities Act, 1961.

(2.) BY virtue of rule 7, the substantive post of a Revenue Inspector in the Municipal Council, Itarsi, which the petitioner was holding on a pay-scale of Rs. 40-2-60-B 21/3-80, has been equated with that of a Mohrir in that Council on a pay-scale of Rs. 70-2-80 21/3-100-EB-4-120, w.e.f. 1st April, 1964. Accordingly, the Chief Municipal Officer, Itarsi, issued an order dated 15th November, 1967, absorbing the petitioner against the post of Moharir and declaring that the said post shall, for purposes of the rules, be the post of absorption within the meaning of rule 8. Being aggrieved by such absorption, the petitioner preferred a representation to the Commissioner under rule 12. That representation has been rejected by the Commissioner by his order dated 24th October, 1968, on the ground that under rule 7, the post of Revenue Inspector in the Municipal Council, Itarsi, stands equated with that of a Moharir in that Council.

(3.) THERE was felt a need to provide for uniformity in the service conditions of municipal employees. The State Government accordingly framed on 29th September, 1967, the M. P. Municipal Services (Scales of Pay and Allowances) Rules, 1967. Under rule 2 (i), the expression "appointed date" was defined to mean 1st April 1964. Rule 3 classified all Municipal Councils into four different categories, depending upon their annual income. Rule 6 provided for the departmental set up of each Council and prescribed the number of posts in each department, as specified in Schedules II and III respectively. The set up was deemed to have taken effect on the appointed date. Under Schedule III, the post of Revenue Inspector in the Municipal Council, Itarsi, was to have a pay-scale of Rs.170-170-8-250-EB-10-10-290. Under the new set up, Schedule III further provided that a person holding the post of Revenue Inspector must possess the following educational or other qualifications: Revenue Inspector: For direct recruitment-Graduate of a recognised University. Preference will be given to diploma holders in Local Self Government. For departmental promotees-Certificate of having passed the Higher Secondary School Examination with previous experience of at least 3 years on the revenue side. Admittedly, the petitioner did not have these qualifications to hold the post of Revenue Inspector. Nor did he ever hold a post on a pay-scale in that Council of Rs. 170-170-8250-EB-10-290.