The appellants and other writ petitioners preferred Special Appeals in the High Court.
The learned Single Judge, who tried these writ petitions, dismissed them by a companymon judgment, dated March 27, 1968.
Those appeals have been disposed of by a companymon judgment, dated December 15, 1978, by this Court One of us Sarkaria, J. was a party to that judgment.
Subsequently, in 1964 the State Legislature enacted the U.P. Nagar Mahapalika Sanshodhan Adhinisam, which added Section 112A to the UP.
The appeal of Mohamad Rashid Ahmed was allowed by this Court on the ground that numberopportunity was afforded to him before the State Government passed the impugned order dated July 18, 1967, terminating his services.
Two of those writ petitioners, namely Mohamad Rashid Ahmed and Ashfaq Hussain filed Civil Appeal 1724 of 1969 and Civil Appeal 1732 of 1971, after obtaining special leave of this Court.
The State Government issued three Circulars laying down the procedure, by which an officer or servant provisionally absorbed under Section 577 e or temporarily appointed under Section 577 ee , were to be finally absorbed, if found suitable, under Section 112A. Those Circulars are dated January 11, 1967, January 31, 1967 and February 23, 1967, addressed to the Divisional Commissioners, By virtue of these Circulars, Divisional Committees were to be companystituted for making necessary recommendations to the State Government.
It was, also desired by the Government only those adverse remarks may be companysidered against the official companycerned, which were found to have been duly companymunicated to him.
Those appeals were dismissed by a Division Bench of the High Court, by an Order dated May 12, 1969.
Several other employees, similarly situated, had filed writ petitions in the High Court to challenge the orders, whereby their services were terminadated.
It was mainly on this ground that the appellant impugned the Government Order dated August 28, 1967, terminating his services, in the writ petition under Article 226 of the Constitution, filed in the High Court.
This amendment of June 1967, substituted a new Clause iii to Rule 6 2 in place of the old Clause iii , and thus the last date of passing the orders was shifted from March 31, 1967, with retrospective effect from July 9, 1966.
Nagar Mahapalika Adhiniyam, 1959.
S. Sarkaria, J. Appellant, Mazharul Islam Hashmi, was appointed as Sanitary Inspector on June 8, 1936 by the Municipal Board of Moradabad.
Both the U.P. Nagar Mahapalika Adhiniyam, 1959, and the U.P. Municipalities Act, 1916 empowered these local bodies to employ their employees subject to certain regulatory companytrol by the State Government.
