IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP (T) No. 1531 of 2008 Date of decision: 12.7.2010 The Municipal Employees Union .. Petitioner. Vs. State of H.P. and others …. Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice. The Hon’ble Mr. Justice Kuldip Singh, Judge. For the Petitioner : Mr. O.P.Thakaur, Senior Advocate with Ms. Salochana Kaundal, Advocate. For the Respondents : Mr. R.K.Sharma, Sr. Additional Advocate General, for respondents No. 1 & 2. Mr. Shrawan Dogra, Advocate for respondent No.3. Justice Kurian Joseph, C.J. (Oral) The petitioner approached the erstwhile Tribunal in OA No. 1072 of 1998 with the following prayers: (i) That the Sections 3, 4 and 9 of the H.P.Municipal Services Act, 1994 be declared illegal as being ultravires the Constitution of India and the same be quashed/set-aside. (ii) That the notification dated 16.8.1997 Annexure A-10 to the OA ordering integration of services of the employees of the municipalities in the State of H.P. w.e.f. the date of enforcement of the Act be declared illegal and be quashed / set-aside. 2 (iii) That the H.P.Ministerial / Non-Ministerial State Municipal Services (Recruitment, Promotion and other conditions of Services) Rules, 1997 be declared ultravires the Constitution and be quashed/set-aside. (iv) That the respondent No.1 be directed to maintain distinction between the only Municipal Corporation, Shimla as A category Municipality as per the classification done by the respondent – 1 vide Annexure A-6 to the O.A. (v) That the provision to merge the employees of different municipalities into a common State Municipal Services be declared illegal and be set aside alongwith all the subsequent actions taken under it such as framing of common seniority list Annexure A-13 to the O.A. 2. When the Tribunal was bound up, the matter was transferred to this Court and re-numbered as CWP(T) No. 1531 of 2008. 3. The issue pertains, as is reflected in the writ petition, to certain disputes regarding the integration of various services. As per Annexure A-10 notification dated 16.8.1997, the Government ordered the integration of services of the employees of the Municipalities in the State of Himachal Pradesh in respect of the following 10 categories:- “1. Superintendents Grade-I. 2. Superintendent Grade-II. 3. Assistants/Accountants 4. Tax Inspectors 5. Sanitary Inspectors 6. Surveyors 7. Work Supervisors 8. Laboratory Technicians 3 9. Sanitary Supervisors 10. Clerks.” 4. The learned counsel for the petitioner submits that in this writ petition the grievance is only with respect to the following posts i.e. 1,2, 3, 4 and 10 , namely; “1. Superintendents Grade-I. 2. Superintendent Grade-II. 3. Assistants/Accountants 4. Tax Inspectors 10. Clerks.” When the writ petition was pending this Court, it is seen that in exercise of the powers under Section 3 read with Section 20 of the Himachal Pradesh Municipal Services Act, 1994, the Government issued a notification dated 19.9.2000 and omitted serial Nos. 3 to 15 from Schedule-I and substituted the Schedule-II, the relevant extract of the omitted and substituted Schedule reads as follows: “In exercise of the powers conferred upon him under sub- section (2) of Section 3 read with Section 20 of the Himachal Pradesh Municipal Services Act, 1994 (Act No. 11 of 1994), the Governor, Himachal Pradesh is pleased to omit the following categories of posts from serial No.3 to 15 in SCHEDULE-I to the Act ibid, namely:- 3. Assistants/Accountants 4. Tax Inspectors 5. Sanitary Inspectors 6. Surveyors 7. Work Supervisors 8. Laboratory Technicians 9. Sanitary Supervisors 10. Clerks 4 11. Assistant Engineers 12. Junior Engineers 13. Draughtsmen 14. Assistant Draughtsmen 15. Patwaries.” Further in exercise of the powers conferred upon him under Section 20 of the Act ibid, the Governor of Himachal Pradesh is pleased to substitute the existing II Schedule to the Act ibid by the following SCHEDULE-II, namely:- SCHEDULE - II 1. Health Officers 2. Executive Engineers 3. Assistant Engineers 4. Junior Engineers 5. Market Superintendents 6. Draughtsmen 7. Assistant Draughtsmen 8. Patwaries 9. Divisional Forest Officers 10. Range Officers 11. Deputy Forest Rangers 12. Forest Guards 13. Assistants/Accountants 14. Tax Inspectors 15. Sanitary Inspectors 16. Surveyors 17. Laboratory Technicians 18. Sanitary Supervisors 19. Clerks.” 5. It is seen from the Annexure R-2/13 that the same had to be published in the Rajpatra immediately. Whether it is published or not, it is not quite certain. Be that as it may, it is seen that within around two 5 months the Government has decided to keep in abeyance the notification, referred to above, as per Annexure R-2/14. The text of the communication reads as follows:- “I am directed to invite your attention to this Department Notification of even number dated the 19th September, 2000 and to say that it’s operation is stayed/held in abeyance for the present.” 6. It is also seen that the Director of Urban Development, Himachal Pradesh vide letter dated 9.5.2008 has addressed to the Government that certain more categories also should be omitted from Schedule-I. Particular reference is made to Superintendent Grade-I and Superintendent Grade-II. 7. In the nature of order we are propose to take in this case, we do not think it necessary or appropriate to refer to the various contentions taken by the parties since the communications as reflected above show that the Government is seized of the matter. It will be appropriate that the Government takes a final decision in the matter at the earliest. Therefore, the writ petition is disposed of as follows. There will be a direction to the first respondent to take final decision in the matter referred to above in the communications as extracted above, within a period of three months from the date of production of the copy of the judgment by the petitioner. In case the petitioner requests for an opportunity for hearing, the same shall be granted and in case any of the interested/affected parties also request for hearing, the same shall also be granted. Till such orders as above are passed by the Government, 6 the interim orders passed by the Tribunal dated 13.7.1998 and 17.5.1999 will continue, subject to the following modification: We make it clear that in case of the employees of the Corporation who are otherwise eligible to be promoted in terms of the impugned order if available in the Corporation, they shall be promoted subject to the outcome of the decision by the Government. It is also made clear that in case there are no such eligible persons available with the Corporation, it will be open to the respondents to take appropriate arrangement by way of secondment, subject to the out come of the decision by the Government. We make it clear that we have not adverted to the contentions taken by the parties and hence all the contentions are left open. Copy dasti. (Justice Kurian Joseph), Chief Justice . July 12, 2010 (Justice Kuldip Singh), (GR) Judge.