Sarkaria, J. - (1.) Appellant, Mazaharul Islam Hashmi, was appointed as Sanitary Inspector on June 8, 1936 by the Municipal Board of Moradabad. He was confirmed in that post in 1937, and was further promoted to the post of permanent Chief Sanitary Inspector in the service of the Board on June 4, 1957.
(2.) Both the U. P. Nagar Mahapalika Adhiniyam, 1959 and the U. P. Municipalities Act, 1916 empowered these local bodies to employ their employees subject to certain regulatory control by the State Government.
(3.) Subsequently, in 1964 the State Legislature enacted the U. P. Nagar Mahapalika (Sanshodhan) Adhiniyam, which added Section 112 A to the U. P. Nagar Mahapalika Adhiniyam, 1959. Similarly, by Section 37 of the U. P. Municipalities (Amendment) Act, 1964, Section 69-B was added to the U. P. Municipalities Act, 1916, which was identical, in terms, to Sec. 112-A. S. 112-A empowered the State Government to provide by rules for the creation of one or more services to be known as Centralised Palika Serivces, as it may deem fit and proper, common to all the Municipal Corporations and Municipal Boards and authorised the same to prescribe the method for recruitment and conditions of service of persons appointed to any such service. Section 112-A of the Adhiniyam of 1959, reads thus: "112-A. Centralization of Services.- (1) Notwithstanding anything contained in Sections 106 to 110. the State Government may at any time by rules provide for the creation of one or more services of such officers and servants as the State Government may deem fit, common to the Mahapalika or to the Mahapalikas and Municipal Boards of the State, and prescribed the method of recruitment and conditions of service of persons appointed to any such service. (2) When any such service is created, officers and servants serving on the posts included in the service, as well as officers and servants performing the duties and functions of those posts under sub-clause (1) of clause (ee) of Section 577 may, if found suitable, be absorbed in the service, provisionally or finally, and the services of others shall stand determined, in the prescribed manner. (3) Without prejudice to the generality of the provisions of sub-sections (1) and (2), such rules may also provide for consultation with the State Public Service Commission in respect of any of the matters referred to in the said sub-section.";