SAHEBRAO DAULATRAO NIMBHORKAR Vs. MUNICIPAL COUNCIL MORSHI

JUDGEMENT

(1.) RULE Heard forthwith by consent of parties.

(2.) BY the present petition, the petitioners are seeking enforcement of the pay-scale recommended by the Vth pay commission. The respondent No. 1 has by resolution dated 13th September, 2000 adopted recommendation of vth pay commission and has passed a resolution that the payment of Vth pay commission will be made to the municipal employees with effect from 1-1-1996. Pursuant thereto, on 26th June, 2003 the Collector has passed an order under section 76 (2) of the Maharashtra Municipalities Act granting approval to make the revised pay-scale payable in accordance with the Vth pay commission recommendations to the municipal employees. After a period of about three years from the date of passing of resolution on 18th September, 2003 the Municipal Council has suspended the earlier resolution and refused to comply with the same by paying pay-scale to its employees in accordance with the recommendations of the Vth pay commission. Two reasons are cited in the resolution. Firstly, the financial condition of the Council is likely to be affected if the pay-scales in accordance with the recommendations of Vth pay commission are applied. Secondly, the Council has decided that the applicability of revised pay-scales can be considered in the next year provided the employees effect tax recoveries to the extent of 80% during the current year.

(3.) AFTER hearing the parties, we are of the opinion that once having accepted the recommendations of Vth pay commission by a resolution and after the approval thereto is granted by the Collector, it would not be open for the municipal Council to suspend its earlier resolution on any ground whatsoever muchless on weaker financial condition and/or inadequate recovery of municipal taxes.