MOHANBHAI V VASAVA Vs. BARODA MUNICIPAL COPORATION

JUDGEMENT

(1.) By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for an appropriate writ, direction and/or order directing the respondent corporation to give appointment to the petitioner on the post of wireman in the Electricity Department of the respondent corporation from 5.11.1995. It is also further prayed for an appropriate order directing the respondent corporation to pay difference to the petitioner on the basis of the pay scale of Rs.260 350 (new pay scale Rs.950 1400) from 6.12.1986 instead of present pay scale of Rs.200 250 (new pay scale of Rs.775 1025).

(2.) It is the case on behalf of the petitioner that he was working as a labourer in the respondent corporation and was appointed as daily rated labourer in the Electricity Department of Vadodara Municipal Corporation in November 1993. That on completion of 720 days on the post and in view of award passed by the Industrial Tribunal in IT Reference Nos. 146/76 and 446/81, he was made permanent on the clear vacant post of labourer in the pay scale of Rs.260 350. It is also the case on behalf of the petitioner that during the service in the Electricity Department of the corporation, he appeared for the examination of the Second Class wireman conducted by the Government of Gujarat and he passed the said examination on 27.1.1996. It is the case on behalf of the petitioner that he submitted an application to the respondent corporation for promotion to the post of wireman. It is the case on behalf of the petitioner that though he has been posted in the pay scale of Rs.260 350, he was paid salary in the pay scale of Rs.200 250 and that he has been discriminated. While relying upon the order dated 30.7/8.1991 of the Office Superintendent, Municipal Corporation, Vadodara (Annexure A to the petition), it has been submitted on behalf of the petitioner that inspite of the said order by which the services of the petitioner was regularized in the pay scale of Rs.260 350 and inspite of the fact that the said order was passed with the approval of the Municipal Commissioner, the petitioner has been paid the salary in the pay scale of Rs.200 250 and therefore, it is requested to allow the present special civil application and to grant the reliefs as prayed for.

(3.) It has also been submitted that the petitioner made an application on 14.8.1996 for the promotion to the post of wireman, however, the request of the petitioner has been turned down on the ground that there is no promotion channel from labourer to wireman and therefore, as and when the advertisement has been issued by the corporation, the petitioner may applied for the same. It is submitted that one Shri Aalamsha Davalsha Diwan, who was appointed as a labourer along with the petitioner on passing the examination of Second Class wireman, has been given the post of Second Class wireman with effect from the date of passing of the said examination of the Second Class wireman and therefore, it is requested to allow the present special civil application.