JUDGMENT AND ORDER : Heard learned counsel, Mr. P. Roy Barman for the petitioner and learned Addl. GA, Mr. S.Chakraborty for the respondent Nos. 1 & 4. Respondent Nos. 2 & 3, in spite of service of notice, did not turn up and did not file any counter affidavit. 2. The petitioner was initially engaged as an Electrician on fixed pay of Rs.390/per month w.e.f. 01.07.1987 on adhoc basis initially for three months by the Member Secretary, Belonia Notified Area Authority by order dated 14.07.1987 (Annexure P/1 to the writ petition). The Notified Area Authority had the status of a Municipality at the relevant point of time. The Member Secretary was working as the Chief Executive Officer of the Notified Area Authority. 3. Thereafter, by order dated 24.02.1988 the Member Secretary of the Notified Area Authority, Belonia appointed the petitioner in the pay scale of Rs. 400-775 on regular basis w.e.f. 01.01.1988 as Assistant Electric Mechanic. Thereafter, by Memorandum dated 17.12.1997 the Executive Officer of Belonia Nagar Panchayat (Belonia Notified Area was converted as Belonia Nagar Panchayat) promoted the petitioner by a resolution of the Nagar Panchayat dated 17.12.1997 to the post of Lineman in the pay scale of Rs.1250-2890 w.e.f. 01.12.1997. 4. The petitioner was working in the promotional post w.e.f. 01.12.1997. By memorandum dated 04.06.2014 (Annexure P/4 to the writ petition) the Chief Executive Officer of the Belonia Municipal Council directed that as per the communication received from the Urban Development Department of the Government of Tripura, the appointment of the petitioner in the post of Lineman shall be w.e.f. 01.11.2007. The impugned memorandum dated 04.06.2014 (AnnexureP/4 to the writ petition) reads as follows: “No.F.2(6)/Estt(Staff)/CEO/BMC/BLN/2014/55962 OFFICE OF THE BELONIA MUNICIPAL COUNCIL BELONIA, SOUTH TRIPURA Dated, Belonia the 4th June, 2014. MEMORANDUM In pursuance of Urban Development Department letter No.F.1(10)UDD/DUD/2008/119 Date 11th April, 2014, issued with the concurrence of Finance Department (G), Government of Tripura vide Memorandum No.10(6)FIN(G)/2007, Date 12th January, 2009 and as per decision of the Belonia Municipal Council meeting held on 26April, 2014, Sri Niranjan Kr. Nath, Son of Ltd. Gouranga Debanth, Vill-Bashpara Colony, P.O. Belonia, P.S. Belonia, South Tripura is hereby allowed regular scale of pay Rs.5310-24000 with grade pay of Rs.2000 who was initial appointed as Lineman in this office on 01-01-1988. This Order of regular shall be expost facto w.e.f. 01-11-2007. Nath, Son of Ltd. Gouranga Debanth, Vill-Bashpara Colony, P.O. Belonia, P.S. Belonia, South Tripura is hereby allowed regular scale of pay Rs.5310-24000 with grade pay of Rs.2000 who was initial appointed as Lineman in this office on 01-01-1988. This Order of regular shall be expost facto w.e.f. 01-11-2007. Sd/Illegible Chief Executive Officer Belonia Municipal Council Belonia, South Tripura To Sri Niranjan Kr. Nath, Driver, Belonia N.P. Copy to: 1. The Chairperson, Belonia Municipal Council for kind information. 2. The Director, Directorate of Urban Development for kind information. 3. Accounts & Establishment Section/Bill Section, Belonia Municipal Council for information. Sd/Illegible Chief Executive Officer Belonia Municipal Council Belonia, South Tripura” 5. The petitioner felt aggrieved by that Memorandum and submitted representation to the respondents on 07.07.2014 and in response to that representation, the Chief Executive Officer of Belonia Municipal Council by his reply dated 18.07.2014 (Annexure P/9 to the writ petition) stated thus: “NO.F.3(2)ESTT(EMPLOYEE)/CEO/BMC/BLN/2014/70608 OFFICE OF THE BELONIA MUNICIPAL COUNCIL BELONIA, SOUTH TRIPURA. Dated, Belonia the 18th July, 2014. To Sri Niranjan Kr. Nath Lineman Belonia Municipal Council Ref : Memorandum No. F.2(6)/Estt(staff) CEO/BMC/BLN/2014/559-62. Dt. 4th June, 2014. Sir, With reference to you letter dated 07/07/2014, I would like to inform you that I have gone through your application and finding is as follows. (1) We admit and sympathise with the situation but it cannot be helped on our part. (2) We admit as you claimed but there was no concurrence from Finance Deptt. Govt. of Tripura for the said post. (3) Same rule applied for your promotion but there was no order from Finance Deptt. Govt. of Tripura for the same. (4) We agree with you for the said matter. (5) Such an order was issued from Directorate of Urban for convening to you w.e.f. 1/11/2007. (6) Available documents were perused for the said purpose and found that though then Notified Area Authority and Belonia Nagar Panchayat issued orders from time to time for your promotion. But unfortunately there was no concurrence from finance Deptt. Of Tripura for those things. (7) Same rule applied for this matter. (8) Though we have sympathy for you but cannot be helped without concurrence of Finance Deptt. Govt. of Tripura. (9) I agree with you for the matter but cannot be helped without concurrence of Finance Deptt. Govt. of Tripura. But unfortunately there was no concurrence from finance Deptt. Of Tripura for those things. (7) Same rule applied for this matter. (8) Though we have sympathy for you but cannot be helped without concurrence of Finance Deptt. Govt. of Tripura. (9) I agree with you for the matter but cannot be helped without concurrence of Finance Deptt. Govt. of Tripura. (10) Agree with your situation but if your post is not regularized by concurrence of Finance Deptt. Govt. of Tripura w.e.f. 1/11/2007 as mentioned above you will not be entitled to Govt. benefits like pension etc. after retirement. Concurrence of Finance Deptt Govt. of Tripura is for your interest. (11) Memo was just in keeping with orders from higher authority and not at all arbitrary. Finally you are requested to conform you acceptance with regard to memo no. F.2(6)/Estt(staff)/CEO/BMC/BLN/2014/ 55962 dated 4th June 2014 at an early date for onward transmission to Directorate of Urban Development Department, Government of Tripura. Sd/Illegible Chief Executive Officer Belonia Municipal Council Belonia, South Tripura Copy to: 1. The Hon’ble Chairperson, BMC, for kind information. 2. Director, UDD, Agartala for favour of your kind information (Copy enclose). Sd/Illegible Chief Executive Officer Belonia Municipal Council Belonia, South Tripura” 6. It is the case of the petitioner that Memorandum dated 04.06.2014 (AnnexureP/4 to the writ petition) is arbitrary and unconstitutional and violative of the fundamental rights of the petitioner and therefore, liable to be set aside and quashed. 7. As already stated earlier, respondent Nos. 2&3 did not contest the case. Respondent Nos. 1&4 only submitted counter affidavit and the stand taken by the respondents, in short, is that no post was created by the Notified Area Authority, Belonia and no sanction was obtained from the Finance Department, Govt. of Tripura, while appointing the petitioner in the post of Assistant Electric Mechanic and subsequently promoting him in the post of Lineman. The engagement of the petitioner was subsequently considered and regularized w.e.f. 01.11.1997. 8. The Notified Area Authority/Nagar Panchayat/Municipal Council is a local self-government as per the Tripura Municipal Act. Its employees and officers are to be appointed by the municipality and to be paid from the municipal fund. The petitioner was initially engaged on adhoc basis for three months and thereafter, he was appointed with regular scale by order dated 24.02.1988. 8. The Notified Area Authority/Nagar Panchayat/Municipal Council is a local self-government as per the Tripura Municipal Act. Its employees and officers are to be appointed by the municipality and to be paid from the municipal fund. The petitioner was initially engaged on adhoc basis for three months and thereafter, he was appointed with regular scale by order dated 24.02.1988. Thereafter, he was promoted to the post of Lineman by order dated 17.12.1997 w.e.f. 01.12.1997 with regular pay scale. It is, therefore, evident that the appointment and promotion of the petitioner was made by a statutory body after taking appropriate resolution. 9. Memo dated 04.06.2014 shows that on the basis of some communication received from the Finance Department, the Urban Development Department issued direction to the Municipal Council to change the regular service of the petitioner to his disadvantage. No reason has been assigned in the Memorandum dated 04.06.2014 for changing the date of regularization in the promotional post of Lineman. 10. The promotion was given by the Executive Officer of the Nagar Panchayat pursuant to a resolution adopted by the Nagar Panchayat Committee held on 17.12.1997. There is nothing to show that the resolution was taken illegally or unauthorizedly. While the Nagar Panchayat took the resolution and promoted the petitioner with effect from a particular date, such date of promotion cannot be changed by any subsequent decision taken by the Urban Development Department. 11. The order dated 04.06.2014 issued by the Chief Executive Officer, Belonia Municipal Council is, therefore, found to be totally arbitrary and beyond the prescription of law and hence, it is liable to the quashed. Accordingly, the Memorandum dated 04.06.2014 is set aside and quashed. 12. The writ petition is accordingly allowed and disposed of. No order as to costs.