AUGUSTIN PRASAD Vs. EXECUTIVE OFFICER NAGAR PALIKA

JUDGEMENT

(1.) HEARD learned Counsel for the parties.

(2.) BY means of this writ petition, moved under Article 226 of the Constitution of India, the Petitioner has sought quashing of the order dated 6th January 1996, passed by the Executive Officer, Nagar Palika, Mussoorie, whereby the Petitioner's representation for revised pay scale has been rejected.

(3.) LEARNED Counsel for the writ Petitioner argued that Petitioner was a qualified Chemist, as such, he was wrongly deprived of the higher pay scale. On the other hand, the impugned order shows that the pay scale of Rs. 150 -345, which was sanctioned by the Central Pay Commission was accepted by the Petitioner himself w.e.f. 01.04.1969. It is further mentioned in the impugned order that the pay scale of Rs. 230 -380 regarding which the Petitioner claimed earlier in his application/representation dated 16.08.1975, the said scale was never sanctioned by the State of Uttar Pradesh. The writ Petitioner's case is that he is entitled to the pay scale of Rs. 176 -250, applicable to the post of Chemist (Water Works). But the counter affidavit shows that said pay scale could not be given to him, as the same was applicable only to the Municipalities of the First Class Category. That is why the representation dated 16.08.1975, moved by the writ Petitioner was rejected on 06.12.1975, and necessary communication was made to the writ Petitioner on 22.01.1976.