EMPLOYEES and officers on deputation in the Bhopal Municipal Corporation (BMC) are quoting certain sections of the Municipal Corporation Act to avoid transfers after a High Court order.
The High Court, on a petition of the corporation’s employees, ordered to take final decision on such employees till December 15.
As the Municipal Corporation Act 1956 is somewhat vague about officials on the deputation, officers on deputation in corporation are likely to make a representation to the State Government.
The State Government is empowered to depute any officer in a municipal corporation. The section 58 (3) of the Municipal Corporation Act 1956 stated “the state government may depute to any post under the corporation carrying maximum scale of pay (as the state government may, from time to time, by an order in writing specify) such servants of the state government as it may consider necessary.”
The deputed officials feel that the government can avoid transfer by quoting this section in the HC. The court set December 15 as the deadline for final decision on such employees. The State Government has already prepared a list of such employees.
However, section 58 (3) of the Municipal Corporation Act 1956 is contradicted by the rules under Madhya Pradesh Municipal Corporations (Appointment and Conditions of Service of Officers and Servants) rules 2000. The rules state that the State Government shall necessarily transfer officials staying in the municipal corporation on deputation after three years.
Besides, the rules also state that only some posts can be filled through deputation. The posts include additional commissioners, town planners, superintending engineer, deputy commissioner and assistant town planner. In BMC, over 80 officials and employees are on deputation and enjoy higher pay scale. Surprisingly, the sanitary workers are also on deputation in violation of the rules, which were enacted 44 years after the Act.