PARIMAL MARTIN JEROM Vs. VALSAD NAGARPALIKA

JUDGEMENT

(1.) Heard Mr. Samir Gohil, learned advocate for the petitioner and Mr. Yogi Gadhia, learned advocate for the respondent.

(2.) The prayer in this petition is to direct the Nagarpalika to grant the petitioner the benefit of higher pay scale of Rs.5000.008000 from 2012 instead of Rs.4000.006000.

(3.) Mr. Samir Gohil, learned advocate for the petitioner would submit that the petitioner was appointed with the Valsad Nagarpalika as Octroi Clerk on 16/2/1984. He retired on superannuation on 31/11/2017. He was paid higher pay scale of Rs.4000.006000 for promotional post of Senior Clerk with effect from September 2012. It is his case that since his juniors were granted pay scale of Rs.5000.008000, he is entitled to scale of Rs.5000.008000 of the higher grade pay as granted to the juniors. Mr. Gohil would place reliance on the table at page 27 of the 6 th Pay Commission's proposal where the pay-scale of Senior Clerk is shown as Rs.4000.006000. He would submit that in an identical case of Junagadh Nagarpalika, this court unequivocally by judgement and order dtd. 27/12/2018 held that the incumbents who were working as Junior Clerks in Nagarpalika were entitled to higher scale of Rs.5000.008000. In so far as extension of benefits to juniors is concerned, it is the case of the petitioner that the Nagarpalika sought to withdraw higher pay-scale of Rs.5000.008000, a show cause notice was issued which was subject matter of challenge before this court in Special Civil Application No. 12166 of 2013 which the court disposed of on the ground that orders of withdrawal shall not be passed without affording an opportunity of hearing. When a contempt was filed, an assurance was given by the Municipality that appropriate orders will be passed only after following the principles of natural justice. Till date no orders have been passed of withdrawal of pay-scale of Rs.5000.008000 which was granted to his juniors.