CHANDRA SHEKHAR KHAMPARIA Vs. L P TIWARI ADMINISTRATOR MUNICIPAL CORPORATION
HIGH COURT OF MADHYA PRADESH
CHANDRA SHEKHAR KHAMPARIA
L.P.TIWARI, ADMINISTRATOR, MUNICIPAL CORPORATION
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(1.) THE petitioner in this case, who is employed as a compounder in the Jabalpur municipal Corporation, challenges the validity of an order passed by the administrator, Municipal Corporation, with regard to his proposed retirement from service
(2.) THE facts and circumstances in which this application has been filed are that in 1963 the State Government raised the age of superannuation of Government servants from 55 to 58. Following this action of the State Government the municipal Corporation also decided tp raise the age of retirement of its employees from 55 to 58. On 24th April 1963 the Standing Committee of the Corporation passed a resolution deciding to raise the age of retirement in conformity with the government decision. On 20th May 1966 the Corporation made a bye-law in exercise of the power under Section 427 read with Section 56 of the Madhva pradesh Municipal Corporation Act, 1956 (hereinafter referred to as the Act)regulating the conditions of service of officers and servants of the Corporation, the period of their service, leave etc. That bye-law is as follows:--
"subject to the provisions of the Madhya Pradesh Municipal Corporation act, 1965 and rules or bye-laws made thereunder the Fundamental rules, the General Book Circulars and the Civil Service Regulations shall apply mutatis mutandis to the officers and servants of the Municipal corporation, Jabalpur in the same way as they were applicable to the government servants of the former State of Madhya Pradesh immediately before the 1st November, 1956. "
(3.) ON 10th October 1967 the State Government promulgated an Ordinance intituled the Madhya Pradesh Shasakiya Sevak (Adhi-varshiki Ayu) Adhyadesh 1967, fixing the age of superannuation of Government servants at 55. That ordinance has now been replaced by an Act in terms similar to those of the ordinance. On 25th August 1967 the Corporation published a draft of the bye-laws intended tp be made under Section 427 read with Section 58 of the Act for regulating the conditions of service of its employees, grant of leave, their period of service etc. and intending to repeal the bye-law notified in the Gazette dated 20th may 1966. It is not necessary to refer in detail to the intended new bye-laws. It is sufficient to say that by the proposed bye-laws it is intended to provide that the fundamental Rules, he General Book Circulars and tht Civil Service Regulations made from time to time shall apply mutatis mutandis to the officers and servants of the Corporation as they apply to the Government servants of the State other than the members of the Indian Administrative Service. The new bye-laws have not yet been confirmed by the Government and published in the Gazette as required by Sections 430 and 431 of the Act.;
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