PIYOUS MARIE ANTONY Vs. PONDICHERRY MUNICIPALITY

JUDGEMENT

(1.) THE two writ petitioners are employed by Puducherry Municipality as plumbers. When the scales of pay of such persons employed by the Municipality were notified by the relevant service rules, after the introduction of IV Central Pay Commission, the Puducherry Government introduced the said scales to various employees with reference to Puducherry Municipal Subordinate Services (Revised Pay) Rules, 1987. THE Government constituted a Pay Commission for local bodies in order to study the aspects of total emoluments, service conditions and other benefits they were enjoying at present. THE said Commission recommended the scale of pay to the employees and accordingly, a direction was issued to revise the scale in accordance with the provisions of Puducherry Municipcal Subordinate Services (Revised Pay) Rules, 1987 and Puducherry Commune Panchayats Subordinate Services (Revised Pay) Rules1987.

(2.) THE Government issued G.O.121 Development Department (LA) dated 13.4.87 stating that the recommendation made by the Pay Commission as found in the Annexure will be made applicable. THE Annexure to the said G.O cited above, stated that the employees of the local bodies are to be treated not differently from their counterparts in the local Government and their pay should be revised. THE Commission recommended implementing IV Pay Commission recommendations and to grant appropriate scale of pay to employees of the local bodies and it was also accepted by the Government.

(3.) WITH reference to the retrospective operation, it is stated by them that retrospective scale cannot be granted by an automatic extension. It is also stated that if higher scale on par with the Government Departments are to be disbursed for any post in the Local Body then the scale of pay fixed by the Recruitment Rules are to be amended. Such higher scale to a post can be implemented by the Government of Pondichery after duly obtaining the assent of the Lieutenant Governor.