ASHOK BANERJEE Vs. SECRETARY, MUNICIPAL AFFAIRS DEPTT.

JUDGEMENT

(1.) These appeals are directed against judgment dated 28.8.2003 of the Division Bench of the Calcutta High Court whereby the appeals filed by the parties questioning the order passed by the learned Single Judge were disposed of and the direction issued for giving effect to the option exercised by the Appellant on 24.9.1985 for the posts of Conservancy Sub-Overseer and Conservancy Overseer of the Calcutta Municipal Corporation (for short, 'the Corporation"') was set aside. The Appellant, who is now represented by his legal representatives, joined service in 1971 as Road Sarkar in the Conservancy Department of South Suburban Municipality. In 1973, he was transferred to the post of Tax Collecting Sarkar in the Collection Department. After five years, he was brought back to the Conservancy Department and was posted as Conservancy Assistant Inspector. Till 1981, the pay-scales prescribed for the posts of Tax Collecting Sarkar and Conservancy Assistant Inspector were identical. By virtue of the Revision of Pay-Scales and Allowances Rules, 1981 (for short, 'the Rules'), this parity was disturbed and a lower pay-scale was prescribed for the post of Conservancy Assistant Inspector. South Suburban Municipality gave an opportunity to the Appellant to exercise option for the pay-scale of Rs. 300-685 w.e.f. 1.4.1981. However, before a decision could be taken on his option, South Suburban Municipality merged with the Corporation. Garden Reach and Jadavpur Municipalities were also merged with the Corporation. The staff of three Municipalities was proposed to be absorbed on the terms and conditions specified in Circular No. 31 dated 29.6.1985, the relevant portions of which are extracted below:

(2.) The Appellant exercised option for absorption in the Conservancy Department. The option of the Appellant was considered by the Joint Municipal Commissioner, who submitted the following proposal:

(3.) However, no order was passed by the competent authority on the recommendation of the Joint Municipal Commissioner. The Appellant filed Writ Petition No. 4919/1998 for implementation of the proposal contained in the note of the Joint Municipal Commissioner. The same was disposed of by the learned Single Judge vide order dated 30.3.1998 and a direction was given to the Commissioner of the Corporation to hear the Appellant and pass a reasoned order.