MADAN LAL Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) The petitioner seeks for quashing of the order issued by the Deputy Director, Local Self Government staying the resolution passed by the Municipal Committee. The Resolution had been passed by the Municipal Committee on 9.5.1988, but the Deputy Director through the impugned order stayed the Resolution. The Municipal Committee expressed its competence to pass such an order in terms of Section 39 of Municipal Committee Act and further order was passed on 18.8.1988, reiterating its earlier decision holding that the Government had approved the scales of Rs. 570- Rs. 1080/- only to the post of Accountant Inspector and it was not possible to grant such a scale to the petitioner who had worked on the post of Accountant only for one year.

(2.) The issue of whether the Municipal Committee was competent to fix the scale for pay for persons who are not specifically in the cadre of provincialized service is no longer res integra. It has been held in earlier decision of this Court in Satish Kumar v. State of Punjab,1987 4 SLR 783 that Municipal Committee is competent to fill in all the posts under its administrative control by making appointments by direct recruitment or promotion so long as those posts were not specifically in the cadre of provincialized service and they are also competent to determine their own scales of pay. Section 39 of the Punjab Municipal Act, 1911 reads as follows:-

(3.) The judgment referred to above has dealt with this issue in the context of Section 236 of the Municipal Act. The said Section reads as follows :-