D K SEN Vs. MCD

JUDGEMENT

(1.) THE petitioners who are two in number have filed this writ petition seeking a writ of Mandamus against the MCD (respondent herein) to forthwith implement the memorandum of settlement between the Joint Action counsel of Service Doctors and Government of India dated 21st August, 1989, the terms whereof have been adopted by the respondent vide resolution no. 1226/gw/corp. dated 06th March, 1991 against agenda item No. 1189. The petitioners have further prayed for directions to the respondent to grant them salary in Super Time Grade-I in the pay scale of Rs. 5900-6700 together with all consequential benefits with effect from 01st March, 1990.

(2.) THE petitioners who have filed the present writ petition were working as doctors with the respondent. The petitioner No. 1 is reported to has expired during the pendency of the present writ petition and after his death his legal heirs were not brought on record. The writ petition qua the petitioner no. 1 has therefore abated. In so far as petitioner No. 2 is concerned, he was granted Super Time Scale of Rs. 4500-5700 w. e. f 11th December, 1989. He has superannuated from the service of the respondent while in the Super Time Scale of Rs. 4500-5700 on 31st December, 1991.

(3.) IN terms of the settlement between the Joint Action Counsel of service Doctors and Government of India, the Government agreed to grant certain benefits to its service doctors for betterment of their career opportunities. The extended benefits were made applicable to the service doctors of Government of India w. e. f. 01st March, 1990. Broadly speaking the benefits that were granted to the service doctors of Government of India in terms of settlement were as follows:-