Arun Tandon and Mrs. Sangeeta Chandra, JJ. - (1.) This intra Court appeal has been filed by one Dr Manju Meher Yadav, who claims to be the chairman of the Nagar Palika Parishad, Baruasagar, district Jhansi. The appellant had approached the writ court by means of Writ Petition No. 39238 of 2016 challenging the Government Order dated 4th July 2016, which provides for appointment of inferior staff (Safai Karamchari) on contract basis in terms of the Government Order dated 21st December, 2015. Under the said order dated 4th July, 2016 separate selection committee has been constituted for engagement of Safai Karamchari on contract basis in respect of Municipal Corporation and Nagar Palika Parishad as well as Nagar Panchayat.
(2.) The writ petition has been dismissed by the learned Single Judge after relying upon the judgment of this Court in the cases of Mohd. Illiyas v. State of U.P. and others and Dinesh Kumar Prajapati v. State of U.P and others Writ Petition Nos. 18820 of 2016 and 39809 of 2016 decided on 11.08.2016 and 26.08.2016 respectively, in which it has been held that issues raised before the learned Single Judge were more or less identical to the one, which had been answered by the Division Bench in its judgment delivered in the aforesaid cases.
(3.) Shri Kartikeya Saran, learned counsel for the appellant challenges the judgment of the writ court on the ground that the judgment in the cases of Mohd. Illiyas and Dinesh Kumar Prajapati (supra) dealt with Municipal Corporation Act, where under there was no power to make temporary arrangement. He submits that under section 70 of the U.P. Municipalities Act, 1916 a specific power has been conferred upon the president of the Municipality to make temporary appointments. It is his case that contractual appointment shall also answer the description of temporary appointment and therefore, the State Government is not justified in by passing the provisions of section 70 of the Act by means of the Government Order impugned.;