Respondents J U D G M E N T Kuldip Singh, J. The Madhya Pradesh Municipalities Act, 1961 the Act came into force on February 1, 1962.
The trial companyrt decreed the suit.
The appellant was paid salary under the revised pay scale till February 28, 1965.
The Municipal Council redesignated the appellant as accountant with effect from May 1, 1970 and started paying him the salary of the said post which was lesser than the salary of the post of accounts officer to which he was initially appointed.
The Lower Appellate Court, however, set aside the judgment and decree of the trial companyrt and dismissed the suit.
The State Government granted the necessary sanction by the order dated April 23, 1964.
94 4 , 94 5 and 95 of the Act are as under APPOINTMENT OF STAFF 1 Every Council having an annual income of five lakhs of rupees or more shall, subject to rules framed under Section 95, appoint a Revenue Officer and an Accounts Officer and may appoint such other officers and servants as may be necessary and proper for the efficient discharge of its duties.
The said appointment was approved by the State Government and finally the appellant was companyfirmed against the post of accounts officer in the Municipal Council, Burhanpur.
However, from October 1, 1966 till April 30, 1970 the appellant drew his salary in accordance with the revised pay scale but was number permitted to draw increments.
Various other reliefs were also sought in the civil suit.
Thereafter, sometime in the year 1964 the appellant was appointed to the newly created post of accounts officer.
of the said post.
The appellant challenged the action of the respondents by way of a civil suit seeking a declaration that he was entitled to hold the post of accounts officer and was entitled to draw the salary, allowances etc.
Sections 94 1 .
The appointment of Revenue Officer, Accounts Officer, Sanitary Inspector, Overseer, Revenue Inspector and Accountant shall be subject to companyfirmation by the State Government and numbersuch post or the post of any other officer or servant as may be specified by the State Government in this behalf shall be created or abolished and numberalteration in the emoluments thereof shall be made without the previous approval of the State Government and every appointment to and dismissal from such post, shall be subject to a like approval.
Thereafter till September 30, 1966 he was reverted to the unrevised pay scale on the ground that the Municipal Council was number in a position to meet the burden of the revision of the pay scale.
The pay scale of the post of accounts officers working in various Municipal Councils was revised with effect from April 1, 1964 in accordance with the recommendations of Tarachand Pay Commission.
No order of suspension for a period exceeding one month shall be passed against any officer mentioned in or specified under sub section 1 and numberresignation tendered by any such officer shall be accepted without previous approval of the State Government.
The Municipal Council by the resolution dated March 30, 1962 created a post of accounts officer.
THE 10TH DAY OF MAY,1995 Present Honble Mr.Justice Kuldip Singh Honble Mr.Justice N.Venkatachala Mr. Pramod Swarup, Adv.
This appeal by way of special leave is against the judgment of the Lower Appellate Court as upheld by the High Court.
Ishwar Chand, the appellant before us, was employed in the Municipal Council, Burhanpur as an accountant from a date prior to the companying into force of the Act.
for the appellant Mr.S.K. Agnihotri, and Mr.S.S. Khanduja, Advs.
As required under Section 94 of the Act the companyies of the resolution were sent to the Collector and to the State Government for grant of sanction.
J U D G M E N T The following Judgment of the Court was delivered IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.
4637 OF 1985.
Ishwar Chand Appellant Versus State of Madhya Pradesh Anr.
The High Court in second appeal upheld the judgment of the Lower Appellate Court.
for the Respondents.
