ACHALDAS Vs. MUNICIPAL COUNCIL JODHPUR

JUDGEMENT

(1.) THIS petition under Art. 226 of the Constitution has been referred for decision to a Division Bench by a learned Single Judge of this Court.

(2.) THE material facts which appear to have been established from the record arc these. Achal Das, petitioner, was born on 1. 3. 14. He joined the service of the Municipal Board, Jodhpur, on 11. 7. 34. At that time the Jodhpur Municipality was a department of the erstwhile State of Jodhpur and he was governed by the Jodhpur Government Service Regulations under which a Government servant was required to retire from service on attaining the age of 55 years. THE Jodhpur Municipal Act was framed in 1943 and it made the Jodhpur Government Service Regulations applicable to officers and servants of the Jodhpur Municipality. This did not make any change in the service conditions of the petitioner as he was already governed by the Jodhpur Government Service Regulations. Since however he ceased to be a Jodhpur Government servant on the coming into force of the Jodhpur Municipal Act 1943 he was governed by the Jodhpur Government Service Regulations only by virtue of the provisions of section 66 as contained in the Jodhpur Municipal Act 1943 which read as follows: - "application of the Jodhpur Government Service Regulation to the Municipal servants. "

(3.) THE petitioner is admittedly employed as a Revenue Inspector. According to the petition he is in charge of the collection of octroi duty and rents. THE Administrator and Commissioner of Municipal Council, Jodhpur, has filed an affidavit to the effect that the duties of the petitioner are supervisory. As was held in Nagpur Corporation vs. Its Employees (4) supervision and actual performance of service are integral part of the same activity. We have to find out what is the predominant activity of the petitioner. THE following figures of the total income of the Board from octroi and from rent go to show that the predominant activity of the petitioner was to supervise the collection of octroi duty: Financial year Total Receipts Octroi Rent including Tehbazari Rs. Rs. Rs. 1966-67 21,68,108 00 14,31,428. 00 1,52,344. 00 1967-68 27,57,520. 00 17,40,780. 00 1,74,133 00 1968-69 37,39,467. 00 24,59,295. 00 2,28,232. 00 1969-70 40,15,821. 00 26,04,869. 00 2,24,431. 00 Upto Sept. 1970 17,66,372. 00 13,47,281. 00 88,340 00