Judgment

SARKARIA, J.:- Appellant, Mazaharul Islam Hashmi, was appointed as Sanitary Inspector on June 8, 1936 by the Municipal Board of Moradabad. He was confirmed in that post in 1937, and was further promoted to the post of permanent Chief Sanitary Inspector in the service of the Board on June 4, 1957.

2. 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 control by the State Government.

3. Subsequently, in 1964 the State Legislature enacted the U. P. Nagar Mahapalika (Sanshodhan) Adhiniyam, which added Section 112 A to the U. P. Nagar Mahapalika Adhiniyam, 1959. Similarly, by Section 37 of the U. P. Municipalities (Amendment) Act, 1964, Section 69-B was added to the U. P. Municipalities Act, 1916, which was identical, in terms, to Sec. 112-A. S. 112-A empowered the State Government to provide by rules for the creation of one or more services to be known as Centralised Palika Serivces, as it may deem fit and proper, common to all the Municipal Corporations and Municipal Boards and authorised the same to prescribe the method for recruitment and conditions of service of persons appointed to any such service. Section 112-A of the Adhiniyam of 1959, reads thus:

"112-A. Centralization of Services.- (1) Notwithstanding anything contained in Sections 106 to 110. the State Government may at any time by rules provide for the creation of one or more services of such officers and servants as the State Government may deem fit, common to the Mahapalika or to the Mahapalikas and Municipal Boards of the State, and prescribed the method of recruitment and conditions of service of persons appointed to any such service.

(2) When any such service is created, officers and servants serving on the posts included in the service, as well as officers and servants performing the duties and functions of those posts under sub-clause (1) of clause (ee) of Section 577 may, if found suitable, be absorbed in the service, provisionally or finally, and the services of others shall stand determined, in the prescribed manner.

(3) Without prejudice to the generality of the provisions of sub-sections (1) and (2), such rules may also provide for consultation with the State Public Service Commission in respect of any of the matters referred to in the said sub-section."

4. Acting under Section 112-A of the Adhiniyam of 1959 and Section 69-B of the Municipalities Act 1916, the State Government framed the U. P. Palika (Centralised) Services Rules, 1966, which were promulgated under Notification dated July 9, 1968, published in the Government Gazette on that date and came into force on the same date. R. 6 dealt with recruitment to the Centralised Palika Services, which were created by these Rules.

5. These Rules of 1966 brought under the Centralised Service, the services of the Chief Sanitary Inspector and Sanitary Inspectors of Nagar Mahapalikas of Classes I, II and III and a number of services of other officers of Nagar Mahapalikas and Palikas of Uttar Pradesh. The Muncipal Borad, Bareiliy, is a Class I Board constituted and established under the U. P. Muncipalities Act.

6. On July 9, 1966, under these Rules the appellant was transferred from Municipal Board, Moradabad to Municipal Board, Bareilly as the Chief Sanitary Inspector, and since his transfer, he was working there in that capacity.

7. Rule 6 was not properly drafted in conformity with the requirement of Section 112-A and Section 69-B and its clause (i) provided for automatic final absorption of officers and servants provisionally absorbed under Section 577 (e), contrary to the provisions of Section 112-A of the Adhiniyam and Section 69-B of the Municipalities Act.

8. On September 5, 1966 the Governor promulgated the U. P. Local Self Government (Amendment) Ordinance, 1966, which was repealed and replaced by the U. P. Local Self-Government Laws (Amendment) Act, 1966. Section 19 of this Amendme