Lal, J. - (1.) This writ petition under Article 226 of the Constitution of India has been filed by Sayid Wilayat Husain Kazmi, Accountant of the Municipal Board (now Corporation) LUCKnow. Opposite party No. 1 is the State of Uttar Pradesh, while opposite party No. 2 is Nagar Mahapalika, Lucknow. Both the opposite parties have filed counter affidavits con-testing the writ petition. This petition came up for hearing before a learned single Judge of this Court who referred it to a Bench on the ground that the points raised in this petition were of general importance. It is how this writ petition has come up for hearing before us.
(2.) By this writ petition the petitioner prays for (1) the issue of a writ, order or direction in the nature of certiorari or otherwise quashing the orders of the State Government dated 2-6-1960, 20-1-1961 as well as the orders passed by or on behalf of Nagar Mahapalika on 23-1-1961 end the earlier orders passed by the Administrator on 25-9-1959 and 1-10-1959. It has also been prayed that the order passed by Mukhya Nagar Adhikari dated 5-3-1961 as well as the G. O. dated 29-1-1960 should also be quashed in so far as they reopen the question of the fixation of the initial salary of the petitioner. (2) the issue of a writ of mandamus or an order or direction directing opposite party No. 2 not to give effect to the order of the State Government fixing the petitioner's salary at Rs. 150/- per mensem and a writ or order restraining opposite party No. 2 from making any recovery in respect of the salary already paid to the petitioner.
(3.) The facts' of the case are not disputed and are as follows:- The petitioner was employed as an Accountant in the Municipal Board of Farrukhabad-cum-Fatehgarh and was drawing a salary of Rs. 138/- plus the usual dearness allowance in the scale of Rs. 90-180. He applied for the post of an Additional Accountant in the Municipal Board, Lucknow and was temporarily appointed as such by an order dated 19-11-1957. He took over charge here on 3-12-1957. But in the order of appointment of the petitioner there is no mention of the salary. It is however, admitted on behalf of both the parties that the petitioner was selected in the grade of Rs. 150-300. The petitioner drew the minimum salary of Rs. 150/- from the date of his appointment.;