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Meera Singh v. Nagar Panchayat Kerakat & Others - WRIT - A No. 37213 of 1999  RD-AH 19601 (20 November 2006)
Court No. 36
Civil Misc. Writ Petition No. 37213 of 1999
Nagar Panchyat Jaunpur and others
Hon. Pankaj Mithal,J
Heard Sri R.S. Singh, learned counsel for the petitioner, Sri Vikas Sahai learned counsel for the respondent No. 4 and the learned Standing Counsel for respondent Nos. 1,2 and 3.
A substantive post of Tax Collector at Nagar Panchyat Kerakat, district Jaunpur fell vacant due to retirement of one Mohd. Shamim. On the said post the petitioner was appointed with effect from 4.5.1995 on temporary basis. The said post on which the petitioner was appointed was created by the State Government vide order dated 7th July 1987 and the sanction to the said post has not been cancelled, revoked or withdrawn by the State Government so far. However by the impugned order dated 31.5.1999 the services of the petitioner were terminated by the Executive Officer, Nagar Panchyat on the ground that the post on the which the petitioner was working has been abolished by the Nagar Panchyat in its meeting held on 31.5.1999 itself.
The argument of the learned counsel for the petitioner is that a post which has been created by the State Government cannot be abolished by the Nagar Panchyat and therefore the termination of the petitioner on the ground of abolition of the post is totally arbitrary and unjustified. In the counter affidavit filed by Sri K.M. Garg, learned counsel for respondent No. 3 Director, Local bodies U.P. Lucknow, it has been admitted that the power to create or sanction a post of Tax collector vests with the State Government. The respondent No. 3 in the counter affidavit has nowhere alleged or denied that the post of Tax Collector on which the petitioner was working was not created and sanctioned by the State Government or that it has ceased to exist. It only states that the Director, Local Bodies has not sanctioned the same. In other words, it is the admitted case of the parties that the post of Tax Collector at Nagar Panchyat Kerakat was created and sanctioned by the State Government and it is continuing.
In view of the above submission impugned order dated 31.5.1999 terminating the services of the petitioner on the ground that the post has been abolished is unsustainable under law. The post which has been created by the State Government cannot be abolished by a mere resolution of the Nagar Panchyat. The Nagar Panchyat has no power or jurisdiction to undo the act of the State government. Therefore the termination of the services on the above ground as mentioned in the impugned order dated 31.5.1999 is invalid.
The writ petition is therefore allowed and the impugned order dated 31.5.1999 is quashed.
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