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IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR
ASHISH SHROTI
Jitendra Shakya – Appellant
Versus
State Of Madhya Pradesh – Respondent
ORDER :
The Chief Municipal Officer of Nagar Parishad, Kailaras, District Morena, (respondent no.4), vide order, dated 10.04.2023, dispensed with services of as many as 109 persons who were engaged on contract/daily wages by the then Chief Municipal Officer, challenging which these writ petitions have been filed. The facts and the legal position since are common in all these writ petitions, the same are being disposed of by this common order. For purposes of convenience, the facts are taken from W.P. No.8290 of 2023 filed by Jitendra Shakya and nine others.
[2]. The Nagar Parishad, Kailaras, District Morena (hereinafter referred as “Council”), has been constituted under Section 5 of Municipalities Act, 1961, (in short ‘Act’). By virtue of Section 3(18) of Act, Nagar Parishad is a Municipality and is governed by the Act of 1961. Section 86 of the Act provides for constitution of State Municipal Service and sub-section 3 thereof provides that the salary, allowances, gratuity, annuity, pension and other payments required to be made to the members of the State Municipal Service, in accordance with the conditions of their service, shall be a charge on the Municipal Fund. Section 87 of the
State government lacks jurisdiction to annul municipal appointments made in compliance with statutory provisions absent clear evidence of fraud.
The obligation to hold an enquiry before imposition of major punishment and the principles of natural justice must be adhered to in cases of termination of service.
The State must comply with court orders regarding compassionate appointments, and cannot disregard judicial decisions based on non-indigenous status or qualifications without proper legal grounds.
Long-term employment based on transparent recruitment cannot be invalidated solely due to procedural irregularities, reinforcing principles of natural justice and legitimate expectations.
The court established that the State Government cannot direct disciplinary actions against Nagar Palika employees, as such powers are limited under the U.P. Municipalities Act.
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