GUR BUX RAI Vs. NAGAR MAHAPALIKA LUCKNOW AND OTHERS
HIGH COURT OF ALLAHABAD (FROM: LUCKNOW)
Gur Bux Rai
Nagar Mahapalika Lucknow
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(1.)THE petitioner is an employee of the Nagar Mahapalika Lucknow, opposite party No. 1. The Nagar Mahapalika Lucknow came into being as from the 1st of February, 1960, its predecessor being the Municipality of Lucknow. The petitioner was appointed as Ahalmad in the Health Department in 1949 in the Municipal Board. The appointment is claimed by him to have been made by the Administrator Mr. Sanwal. He was appointed to the grade of Rs. 40-2-60. He was, however, confirmed with effect from the 1st of August, 1952 by the Medical Officer of Health or the Swasthya Adhikari of the then Municipal Board. This fact is averred in paragraph 3 of the counter-affidavit filed on behalf of the opposite parties on the 1st of February, 1965 and has gone uncontroverted. In the year 1959 he was promoted to the third grade clerk in the scale of Rs. 50-2-60 E, B. 0-4-100 as Balda Moharrir.
On the 7th of October, 1964 he was suspended by opposite party No. 3, the Nagar Swasthya Adhikari, which order was communicated to him on the 9th of October, 1964, being annexure-I. The order directs that he would get 1/4th of pay as allowance during the period of his suspension. This writ petition has been filed challenging that order which is claimed to be illegal and ultra vires.
The prayer is for the issue of a writ, order or direction in the nature of certiorari quashing the orders of suspension and for the issue of a writ of mandamus commanding the opposite parties, namely, the Nagar Mahapalika, Lucknow, the Mukhya Nagar Adhikari, the Nagar Swasthya Adhikari, the Atrikt Nagar Swasthya Adhikari and the Mukhya Swasthya Nireekshak Pakshmi Chhetra, not to interfere or stop the petitioner in the discharging of his duties. A writ in the nature of mandamus also is prayed for directing the opposite parties to pay full salary and dearness allowance to the petitioner during the period of his suspension.
(2.)THE contention of the petitioner is that he was a permanent employee of the Municipal Board when it merged into the Nagar Mahapalika, Lucknow, Under Section 577(e) of the U.P. Nagar Mahapalika, Adhiniyam, 1959, as he had not been appointed to any post created under the Adhiniyam till the 7th of October, 1964 when he was suspended, he was to draw the same salary and allowances and was subject to the same conditions of service to which he was entitled or was subject to on the date of the creation of the Nagar Mahapalika. He was, therefore, to be governed by the provisions of the U.P. Municipalities Act in so far as they may relate to his conditions of service and as under the U.P. Municipalities Act he could not be suspended by the Nagar Swasthya Adhikari, his suspension is not proper. As to the remuneration paid to him pending suspension, his contention is that there being no rules providing for 1/4th of the salary being paid to him during the period of suspension or any rule reducing the amount of remuneration during his suspension from his normal remuneration, he was entitled to be paid at the normal rate applicable to him including the clearness allowance.
I have been referred to some of the provisions of the U.P., Municipalities Act. Under Sub-Section (2) of Section 60 of that Act all servants of the Board shall be subordhiate to the Executive Officer. The Health Officer, therefore, it was submitted, was subordinate to the Executive Officer. The exception is in the case of Section 73, but we are not concerned with that provision.
(3.)UNDER clause (e) of Sub-Section (1) of Section 60 the Executive Officer shall exercise, in respect of servants of the board, the powers vested in him by Sections 75 and 76.
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