K.C. Agrawal, J. - (1.) THESE two Special appeals filed against a common judgment given in two writ petitions, Nos. 5005 of 1972 and 1875 of 1973, by brother K.N. Singh raise common questions of law, hence are being decided by a common judgment by us as well. The dispute in these appeals relates to the fixation of seniority of the ap pellants in U.P. Palika Subordinate Engineering Service.
(2.) THE facts, in brief are as follows: The U.P. Municipalities Act (Act II of 1916) was repealed in its application to the cities which were taken over under the U.P. Nagar Mahapalika Adhiniyam was passed to provide for the estab lishment of Nagar Mahapalika in certain cities with a view to ensuring better municipal government in those cities. This Act was in tended to apply to five major cities, that is, Kanpur, Allahabad, Varanasi, Agra and Lucknow. Chapter IV of the said Adhiniyam dealt with the officers and members of the staff of a Mahapalika. This Chapter consisted of Sections 106 to 113. Section 106 contemplated the creation of certain posts of officers and staff necessary for efficient working of the functions of the Mahapalika. Section 577 (e) of the Adhiniyam made all existing officers and servants of the Municipal Board, Improvement Trust, Development Board or Local authority in the cities to which the Adhiniyam applied officers and servants em ployed by the Mahapalika in a temporary capacity. The Chart given below would indicate the various dates of ap pointment of the appellants as well as the respondents in the Maha palika mentioned against their names: - Name Date of Appointment Name of the Mahapalika Tara Chand Gupta Ravindra Nath Sinha Ram Sajiwan Misra Ajay Kumar Khanna P.C. Mehrotra Lekhraj Singh Sohan Lal R.K. Saxena 18. 9.1958 22.11.1960 1.10.1959 20.1.1961 27.3.1962 1.7.1961 27.3.1961 25. 1 1961 Allahabad Allahabad Allahabad Lucknow Lucknow Kanpur Lucknow Agra
(3.) IN 1964 the State Lgislature enacted the U.P. Nagar Mahapalika (Sanshodhan) Act (U.P. Act No. XXI of 1964). By Section 12 of this Act, the Legislature added Section 112-A to the U.P. Nagar Mapalika Adhiniyam 1959. Section 112-A empowered the State Govern ment to provide by rules for the creation of services of such officers and servants as may be necessary. These creation of service would be common to all the Mahapalikas or to the Mahapalikas and Muni cipal Boards, and this section prescribes the method of recruitment and conditions of service. A similar amendment was made in the U."P. Municipalities Act by inserting Section 69-B in the said Act. This was done by the State Legislature with a view to infusing grea ter efficiency in the administration of the local bodies in the State of Uttar Pradesh.;