- (1.) This is a petition under Article 226 of the Constitution praying for an order directing the respondents to continue the petitioner in service as Executive Officer of the Municipal Committee, Karnal, till 20th of March, 1958. The Punjab State and the Municipal Committee are the respondents to the petition.
(2.) The relevant facts for the decision of this petition are not disputed and are these. The petitioner Ram Das Passi was appointed Executive Officer by the Government under sub-section (4) of section 3 of the Punjab Municipal (Executive Officer) Act, 1931 , for five years with effect from the date of assuming charge. This order was communicated by the Government by letter dated the 8th March, 1948. It appears that the petitioner assumed charge on the 21st March, 1948 and consequently his appointment expired on the 20th March, 1953. Under the Act this appointment was capable of being renewed after the expiry of the period fixed by the Government. The Municipal Committee, Karnal, held a meeting on the 20th March, 1953 for the sole purpose of appointing an Executive Officer and passed a resolution appointing the petitioner as Executive Officer for five years by the majority required under section 3(1) of the Act. The Government, however, informed the Municipal Committee by letter, dated the 20th April, 1953, that it did not approve of the reappointment of the petitioner and called upon the Municipal Committee to select another suitable person as its Executive Officer. Certain correspondence followed between the Municipal Committee and the Government till the Government wrote on the 10th February, 1954 :- "In supersession of Punjab Government Memorandum No. 3245-C-53/27104, dated the 20th April, 1953, and No. 4370 C-53/3285, dated the 9th May, 1953, on the subject noted above, I am directed to say that the Governor of Punjab is pleased to renew under sub-section (4) of section 3 of the Punjab Municipal (Executive Officer) Act, 1931 the appointment of Shri Ram Das Passi as Executive Officer, Municipal Committee, Karnal, till the date of his superannuation on the existing terms. The date of his superannuation will be intimated to the Committee in due course. The period of his absence from duty may be regularised by grant of leave to which he may be entitled."
(3.) Thus the Government purported to appoint the petitioner under section 3(4) of the Act for a period terminating on the date of his superannuation. It may be stated here that ever since the Municipal Committee passed its resolution the petitioner has continued working as Executive Officer. There appears to have been a dispute regarding Passi's date of superannuation. The Government stated it to be the 5th July, 1955 while the petitioner alleged it to be the 5th July, 1957.;