107. [ (1) Appointments to the posts of [Deputy Municipal Commissioner], [Assistant Municipal Commissioner], [Mukhya Abhiyanta, Nagar Swasthya Adhikari, Mukhya Nagar Lekha Parikshak and to other posts as the State Government may specify shall be made by the [Mayor]] after consultation with the State Public Service Commission in the manner prescribed and not otherwise: ]
Provided that the appointment of Nagar Swasthya Adhikari shall preferably be made out of Officers of the Public Health Department of the State Government whom the State Government may be agreeable to send on deputation and in such case consultation with the Public Service Commission shall not be necessary.
[ (2) [Appointments to the posts not included in the posts referred to in the posts referred to in sub-section (1) shall be made after consultation with the State Public Service Commission in the manner prescribed and not otherwise. ]
(a) in respect of those officers and servants who are immediately subordinate to the Mukhya Nagar Lekha Parikshak, in the Mukhya Nagar Lekha Parikshak, and
(b) in respect of all other officers and servants, in the [Municipal Commissioner].
(3) All other appointments except those specified in subsections (1), (2) and (5) shall be made in accordance with the recommendations of a Selection Committee constituted under subsection (4) and the authority to make such appointments shall vest--
(a) in respect of those officers and servants who are immediately subordinate to the Mukhya Nagar Lekha Parikshak, in the Mukhya Nagar Lekha Parikshak, and (b) in respect of all other officers and servants, in the 2[Municipal Commissioner].
(4) The Selection Committee referred to in sub-section (3) shall consist of the [Municipal Commissioner] or his nominee, the Mukhya Nagar Lekha Parikshak and the Head of the department for which the appointment is to be made. The [Municipal Commissioner] and, in his absence, the member designated by him for the purpose, shall be the Chairman of the Selection Committee :
Provided that the Committee referred to above which may be constituted in connexion with the appointments of officers and servants immediately subordinate to the Mukhya Nagar Lekha Parikshak, shall consist of the Mukhya Nagar Lekha Parikshak and two other officers of the [Corporation] who shall be nominated by the Executive Committee and the Mukhya Nagar Lekha Parikshak shall be the Chairman of such Committee.
(5) Appointments to posts in the engineering, [public health and other departments of the Corporation carrying scales of pay lower than the scales of pay of the posts referred to in sub-section (3)] shall be made by the Heads of the departments concerned specified under section 112 subject however to any bye-laws made by the [Corporation] in this behalf.
(6) In the case of any difference of opinion between the appointing authority and the State Public Service Commission a reference shall be made by the [Municipal Commissioner] to the State Government whose decision shall be final.