B.N. Sapru, J. - (1.) THIS writ petition has been filed by Sri Laxmi Narain Gupta and is directed against the order dated 2 -7 -1980 of the U.P. Public Service Tribunal -2, Lucknow. Amongst the Respondents are the Municipal Board, Kasganj District Etah and Municipal Board, Ujhani District Badaun.
(2.) THE Petitioner was an employee of the Municipal Board, Ujhani, District Badaun. With the sanction of the Government the Petitioner was sent on deputation to Municipal Board, Kasganj, District Etah. The deputation was for one year. The deputation was subsequently extended for a further period of one year. During the extended period of deputation of one year the Municipal Board, Kasganj took the stand that since the extension of deputation of the Petitioner had not been sanctioned, it informed the Petitioner that his services were no longer required by Municipal Board, Kasganj and refused to pay him salary. In this Court the stand taken by the Municipal Board, Kasganj is that as the extension of the deputation of the Petitioner was not sanctioned by the Government it was not possible to employ the Petitioner. The Petitioner on 7 -8 -1970 wrote to Adhyaksha, Municipal Board, Kasganj that when his services were not required, he may be relieved from service. Alternatively it was mentioned that if he is required then his services should be transferred from Municipal Board, Ujhani. A copy of this letter was endorsed to Adhyaksha, Municipal Board, Ujhani with a request that in the event of Kasganj Municipal Board is not extending the deputation of the Petitioner, the Petitioner should be granted earned leave from 9 -8 -70. The Petitioner wrote a letter dated, the 28 -1 -72 to Adhyaksha, Municipal Board, Ujhani requesting that he be permitted to join his post at Ujhani. The Petitioner was also not allowed to re -join at Ujhani Municipal Board. The Petitioner then filed a suit which was withdrawn. Subsequently he filed another suit which abated on the coming into force of U.P. Public Services Tribunal Act, 1976 by virtue of Section 6(2) of the Act, and the record was transmitted to the Tribunal as provided in that Sub -section. The Petitioner's case came before the U.P. Public Services Tribunal. Before the Tribunal the relief sought was for recovery of Rs. 5833.43 as arrears of pay as well as for a mandatory injunction requiring the Respondents No. 1 to 3 to issue a letter to the Municipal Board, Ujhani relieving the Petitioner and returning him to Municipal Board, Ujhani. The Tribunal found that after the expiry of the period of deputation of the Petitioner with the Municipal Board, Ujhani, which expired on 10 -8 -69, the Petitioner was not entitled to get any salary from Municipal Board, Kasganj. It, however, found that the Petitioner's claim for arrears of salary for the period from March, 1972 to July 1972 could be decreed. It, however, dismissed the claim petition as a whole on the ground that the Petitioner had not given notice under Section 326 of the U.P. Municipalities Act to the Municipal Board, Ujhani before instituting the claim petition.
(3.) AGGRIEVED against the decision of the U.P. Public Services Tribunal the Petitioner has filed the instant writ petition.;