JITENDRA SHAKYA Vs. STATE OF M.P.

JUDGEMENT

(1.) The Chief Municipal Officer of Nagar Parishad, Kailaras, District Morena, (respondent no.4), vide order, dtd. 10/4/2023, dispensed with services of as many as 109 persons who were engaged on contract/daily wages by the then Chief Municipal Officer, challenging which these writ petitions have been filed. The facts and the legal position since are common in all these writ petitions, the same are being disposed of by this common order. For purposes of convenience, the facts are taken from W.P. No.8290 of 2023 filed by Jitendra Shakya and nine others.

(2.) The Nagar Parishad, Kailaras, District Morena (hereinafter referred as "Council"), has been constituted under Sec. 5 of Municipalities Act, 1961, (in short 'Act'). By virtue of Sec. 3(18) of Act, Nagar Parishad is a Municipality and is governed by the Act of 1961. Sec. 86 of the Act provides for constitution of State Municipal Service and sub-sec. 3 thereof provides that the salary, allowances, gratuity, annuity, pension and other payments required to be made to the members of the State Municipal Service, in accordance with the conditions of their service, shall be a charge on the Municipal Fund. Sec. 87 of the Act provides for appointment of Chief Municipal Officer for every Council and further provides that all other officers & servants of the Council shall be subordinate to Chief Municipal Officer. Sec. 88 of the Act provides for appointment of members of Municipal Services of State. The appointment of petitioners is not covered under Sec. 86 & 88 of the Act.

(3.) Sec. 94 of the Act provides for appointment of staff of the Council. Under sub-sec. 1 thereof, it is the Council which is competent to appoint such other officers and servants as may be necessary and proper for the efficient discharge of its duties. This sec. apparently deals with power of Council to appoint officers and servants within the staffing pattern approved by the State Government. The petitioners are not covered under Sec. 94(1) of the Act also.