The Municipal Corporation of Bhopal, which was formerly only a Municipal Council, became a Corporation when provisions of the Madhya Pradesh Municipal Corporation Act, 1956 hereinafter referred to as the Act were applied to it from 25th August, 1967, by an ordinance the provisions of which were then embodied in an Act.
30 of 11th November 1947 Annexure C .
The employee was informed of it by a companymunication dated 22nd December, 1967, Annexure B .
Under the Act of 1956, questions relating to service companyditions of the employees of the Corporation were to be regulated by bye laws under Section 427 1 C b of the Act and number by rules to be made by the Government.
30 dated 11th November 1947.
But, in 1955, when Bhopal was a Part C, State, the Government of Bhopal had issued a numberification dated 4th February 1955 applying the service regulations of Central Government employees in Part C States.
Although the Petitioner had entered service of the Municipal Board of Bhopal, as a result of the companytinuance of the service companyditions of the employees of the former Municipal Board, which had thus become a Corporation, the petitioning employee was to retire at the age of 60 as laid down in Notification No.
A general order dated 21 December, 1967, Annexure A had been passed by the Administrator, Municipal Corporation, purporting to carry out the orders of the Government of Madhya Pradesh which had decided that the age of companypulsory retirement of all servants of the Corporation, other than Class IV servants, should be 55 years.
The Government of Madhya Pradesh had, however, issued a Notification in the Gazette of 22nd December, 1967, purporting to reduce the age of retirement of first and second and third grade employees from 60 years to 55 years by amending the Government Notification No.
In this way, the petitioning employees companyrect age of retirement was 58.
H. Beg, J. There are two appeals by Special Leave before us, one by the Municipal Corporation, Bhopal, and another by the State of Madhya Pradesh, against the Judgment and order of a Division Bench of the Madhya Pradesh High Court allowing a Writ Petition filed by the Respondent employee of the Bhopal Municipal Corporation hereinafter called the Corporation .
The employees case was He was born on 1st July, 1912, appointed a Lower Division Clerk in April, 1962, promoted as a Upper Division Clerk in February, 1964.
