AVNISHBHAI P VAISHNAV Vs. DIRECTOR OF MUNICIPALITIES

JUDGEMENT

(1.) PETITIONERS in this petition under Article 226 of the Constitution of India have prayed for following relief in para 10:

(2.) THE case of the petitioners is that they belong to the category of clerks, drivers and operators in respondent No.3 Bhuj Municipality and were placed in the pay scale of Rs.260-430 at the time of their appointment. Said scale was revised to Rs.1150-1500 under the 4th Pay Commission. The petitioners have averred that similarly situated employees had filed Special Civil Application No. 348 of 1993 before this Court making grievance that while fixing the pay under the 4th Pay Commission, original pay scale of Rs.260-430 would become the pay scale of Rs.1150- 1500 but the Municipality erroneously revised it to Rs.950-1500. This Court in the said petition declared that the pay scale of Rs.260-430 on revision would be Rs.1150-1500 and allowed the said petition by directing the respondent Municipality and the Director of Municipalities to calculate the arrears and to pay such arrears to those employees. It is the further case of the petitioners that the Letters Patent Appeal filed against the above said judgment was summarily dismissed on 26.7.1994. Clerks, drivers and assistant operators were accordingly granted the scale of Rs.1150-1550 and arrears thereof were also paid and in the service book of the employees also, necessary entries were made incorporating the decision of the Municipality. The petitioners were also paid the salary according to the pay scale of Rs.1150-1500 from 1994 to 1998. The petitioners have further averred that by order dated 18.3.1998, Regional Director of Municipalities sanctioned the scheme of higher pay scale popularly known as 9-18-27 Scheme for the employees of the Bhuj Municipality and the said scheme was made effective from 1987. However, in the column of existing pay scale, Rs.950- 1500 was mentioned and corresponding column of higher scale, Rs.1200-2040 was mentioned. Such was incorrect entry as existing scale was Rs.1150-1500 against which grantable higher scale was Rs.1320-2040. Such incorrect mention of pay scale led to serious prejudice to the rights of the employees. Therefore, representation was made pointing out incorrect recording of pay scale. Respondent Municipality also pointed out to the Regional Director of Municipalities that the correct pay scale of Rs.1150-1500 should have been mentioned instead of Rs.950-1500. Petitioners have pointed out that pending petition, by interim order, this court directed respondent no.1 and 2 to look into the grievance and decide the representation of the employees' union. Thereafter, regional Director heard the grievances of the employees and passed order dated 28.10.2002 rejecting the claim of the employees for pay scale of Rs.1150-1500 and corresponding higher pay scale of Rs.1320-2040. It is stated in the amended petition that while deciding the above issue, respondent No.2 disregarded the judgment of this court in earlier petition which was confirmed by the Division Bench of this Court in Letters Patent Appeal and, therefore, order passed by the Regional Director of Municipalities is required to be quashed and set aside and the petitioners are required to be given the benefits of scale of Rs.1150-1500 and corresponding higher pay scale of Rs.1320-2040.

(3.) I have heard the learned advocates for the parties. Learned Advocate Mr. Pranav Dave appearing for learned advocate Mr. Shivang Shah for the petitioners submitted that the petitioners were already placed in the pay scale of Rs.260-430. He submitted that such pay scale was given to the petitioner on account of settlement made before the Industrial Tribunal and the respondents cannot be allowed to back out from such settlement approved by the Industrial Tribunal at the time of revision of pay scale. Mr. Dave submitted that the said pay scale of the petitioner was revised under the 4 th Pay Commission to Rs.1150-1500 and the petitioners were granted said pay scale with arrears. He submitted that when the above said pay scale of similarly situated employees was sought to be reduced, petition being special civil application no. 348 of 1993 was filed wherein, taking note of original scale of Rs.260-430 given to the clerical cadre as per the settlement arrived at before the Industrial Tribunal, this Court found that the petitioners of the said petition were entitled to get the pay scale of Rs.1150-1500 and accordingly allowed the petition which was also confirmed by the Division Bench of this Court in Letters Patent Appeal. Mr. Dave, therefore, submitted that in view of the decision of this Court on the similar issue,it is not open to the respondents to deny benefit of pay scale of Rs.1150-1500 with corresponding higher pay scale of Rs.1320-2040 to the petitioners. He, thus, urged to allow this petition.