NALIM J ACHARYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE petitioner has challenged an order dated 8.2.2002 passed by the Chief Officer, Morbi Nagarpalika as also the consequential office order dated 2.3.2002 passed by the same authority. By such orders the respondents re- fixed the pay of the petitioner by withdrawing the benefit of higher pay scale granted to him by the Morbi Municipality with effect from 30.12.1992 as also downgrading his pay fixation with effect from 1.10.1987. To appreciate the controversy, it would be necessary to take note of the facts in some detail.

(2.) THE petitioner holds the degree of B.Sc. (Chemistry). He also holds the degree of LL.B. From a communication dated 29.7.2003 made by the Director of Municipalities to the petitioner in response to his representation one gathers that in Morbi Municipality in the set up of posts which was sanctioned by the State Government in the year 1952, the post of Chemist-cum-Filter Supervisor was not there. In the year 1973, the water works scheme on the basis of Marchu dam reservoir was handed over to the Municipality. Pursuant to such development, the Municipality set up a modern filter plant. Upon set up of such filter plant, the Municipality required the services of a qualified employee. Necessary qualification was B.Sc. with Chemistry. Since the petitioner possessed such qualifications, he was engaged on daily wage basis with effect from 7.2.1975. He worked in such capacity till 30.9.1978. Thereafter, as per the award of the Labour Court, the Municipality in its general board meeting passed a resolution on 3.10.1978 and created a post of Chemist-cum-Filter Supervisor and granted regular appointment to the petitioner on such post. The revised set up of Morbi Municipality was sanctioned by the Government by an order dated 13.7.1990. In such order, the post of Chemist-cum-Filter Supervisor was sanctioned with pay scale of Rs.425-800.

(3.) THE petitioner after discharging his duties as daily wager between 7.2.1975 till 30.9.1978, was placed in regular scale by the Municipality with effect from 1.10.1978 in the pay scale of Rs.330- 560. Case of the petitioner was that such assignment of scale of Rs.330-560 was not proper. In other Municipalities such as Jetpur and Rajkot Municipality which also had created a similar post of Chemist-cum-Filter Supervisor with similar educational qualifications, the post carried the scale of Rs.425-700. Accepting such representation of the petitioner, Morbi Municipality placed the petitioner in the pay scale of Rs.425-700(pre-revised) with effect from 1.5.1987. On 19.6.1988, the petitioner was placed in the scale of Rs.1400-2300(revised) (corresponding to pre-revised scale of Rs.425- 4th 700) pursuant to the pay commission recommendations. The benefit of such pay fixation was granted with retrospective effect from 1.1.1986.