DIRECTOR OF MUNICIPAL ADMINISTRATION Vs. VEERABHADREGOWDA, S/O. ERABHADREGOWDA, RETD. SECOND DIVISION CLERK, CITY MUNICIPAL COUNCIL AND THE COMMISSIONER, CITY MUNICIPAL COUNCIL

JUDGEMENT

(1.) CHALLENGE in this appeal is to the order passed by the learned Single Judge allowing the writ petition. 1st Respondent had filed the writ petition against the Appellant and the 2nd Respondent seeking to quash an order of the Appellant dated 30.01.2009 (Annexure -E) and direct the payment of interest on the difference of arrears of salary and terminal benefits.

(2.) MATERIAL facts which had led to the filing of the writ petition are as follows: Sri Veerabadregowda - 1st Respondent/Petitioner with educational qualification of a pass in 8th standard was appointed in the Mandya Municipality as a peon in the pay scale of Rs. 50 -1 -60 and he reported for duty as such on 11.02.1965. He was promoted as Octroi Mutsadi by an order dated 20.10.1966. However, he was reverted as a peon on 03.11.1966, since a CRB candidate was posted to his place. Again he was promoted as Octroi Mutsadi by an order dated 02.12.1966 in the pay scale of Rs. 65 -1 -70 -2 -90. Subsequently he was promoted as a whole -time storekeeper in grade Rs. 90 -200 by an order dated 13.10.1976. Thereafter he was promoted as second division clerk under G.O dated 17.09.1976 and his pay was fixed at Rs. 110/ - with effect from 18.10.1976. He was transferred as a second division clerk to Malavalli Municipality as per the orders of the Divisional Commissioner, Mysore during 1984. He was reverted from the post of storekeeper to that of a post of Class -IV servant, pursuant to an order dated 08.08.1985 of Divisional Commissioner, Mysore, on the ground that, he did not possess the requisite educational qualification prescribed under the Rules to hold the post of storekeeper.

(3.) DIRECTOR of Municipal Administration granted opportunity of hearing to Sri Veerabadregowda to have his say in the matter by appearing before him on 20.12.1999. Veerabadregowda appeared before the said authority and contended that, reversion is incorrect and he be awarded the monetary benefits flowing therefrom. The said authority considering the matter and the fact that Veerabadregowda had worked in the capacity of storekeeper right from 1976 till 1985 when he was reverted, held that, it may not be proper for reverting an official, when the official had been granted promotion and allowed him to work in the promotional post for fairly a very long period. Further it was noticed that, the pay scale of Rs. 80 -145 attached to the posts of Bill Collectors, Octroi Mutsadi and equivalent posts were revised to Rs. 90 -200 from 01.01.1970. and as such it was held that Veerabadregowda is entitled to pay scale of Rs. 80 -145 from the date he was promoted to the post of Octroi Mutsadi i.e., from 02.12.1966 and the revised pay scale of Rs. 90 -200 from 01.04.1970 and he shall be entitled to all consequential services and monetary benefits flowing therefrom as if he has discharged the duties of the said post.