A. P. Sen J. - (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. The circumstances under which equation of posts of Municipal employees throughout the State was brought about, shortly stated, are these. With the formation of the new State of M. P. under the States Reorganisation Act, 1956, there came into existence different municipal bodies within the State under the different laws in force in the four integrating units. There was obviously the need to enact a new enactment on the subject to bring about an uniformity in the pattern of municipal administration in the State. The State Legislature accordingly enacted the M. P. Municipalities Act for the constitution of Municipal Councils in the State, defining the powers, functions and duties of such Councils under the Act. By section 2 (1) the C. P. and Berar Municipalities Act, 1922, the Madhya Bharat Municipalities Act, 1922, the Madhya Bharat Municipalities Act, 1954, the Vindhya Pradesh Municipalities Act, 1946 and the Bhopal State Municipalities Act, 1955 stood repealed w. e. f. 1st February 1962, when the Act was brought into force. Notwithstanding the repeal, by section 2 (2) (i), all Municipal Committees, Municipal Councils, Municipal Boards and Notified Area Committees, constituted under the repealed enactments, were deemed to have been constituted as Municipal Councils under the Act. Under section 2 (iv) (a) of the Act, all employees belonging to these bodies, were deemed to be the employees of Municipal Councils under the Act. By section 2 (iv) (b), their existing conditions of service were deemed to be their conditions of service under the Act until altered in accordance with provisions of the Act or the rules made thereunder. Section 95 of the Act authorised the State Government to frame rules relating to-their qualifications, recruitment, appointment, scale of pay.... service conditions etc.
(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. It is urged by learned counsel for the petitioner that firstly, rule 7 is ultra vires the State Government as no rule relating to equation of posts held by municipal employees could be framed under section 95 of the Act and secondly, rule 7 is otherwise invalid, as it has brought about a reduction in rank of the petitioner, by reason of the equation of his post with that of a Moharir, Tax Collector, Bazar Moharir, Octroi Inspector (non-metric), Octroi Clerk, Revenue Inspector, suit Moharir, who are now placed in the same class, though they were all lower in rank to him, under the equation of posts. There is no merit in either of the contentions.;