MADHUKAR NAMDEO BAWASKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and heard finally with the consent of the parties.

(2.) By the present petition under Article 226 of the Constitution of India, the Petitioners have prayed for issuance of a writ of mandamus to quash and set aside the clause pertaining to denial of arrears for the period w.e.f. 1/1/2016 to 31/8/2019 on account of revised pay fixation under the 7th Pay Commission. It further prayed for issuance of necessary order directing the Respondent No.2 to exercise powers conferred under the Maharashtra Municipal corporation Act for rectification of the Resolution No.1161 dtd. 11/9/2019 in respect of clearing outstanding dues/arrears for the period w.e.f. 1/1/2016 to 31/8/2019 and to provide consequential pensionary benefits including gratuity, commutation and leave encashment.

(3.) The learned counsel appearing for the Petitioners submits that, the Petitioner Nos. 1 to 6 were working with the Respondent No.2 in Class-III category. The State Government issued a GR dtd. 30/1/2019 and made the recommendations of 7th pay commission applicable to the government employees w.e.f. 1/1/2016. In pursuance of the said GR the Respondent No.1 - State Government issued a GR on 2/3/2019 providing Revised Service Assured Career Scheme on completion of 10, 20 and 30 years of service as per the 7th pay commission recommendations. On 2/8/2019 the Urban Development Department of the State of Maharashtra adopted the GR dtd. 30/1/2019 and made the revised pay scale under the 7th pay commission applicable to the employees of all Municipal Corporations in the State of Maharashtra. Accordingly, the Respondent No.2 - Municipal Corporation accepted the GR dtd. 2/8/2019 and decided to provide the benefits of revision of pay scale under the 7th pay commission to its employees. Accordingly, Respondent No.2 passed a Resolution No.1161 on 11/9/2019 in the general meeting and made the revised pay scale applicable to all classes of employees w.e.f. 1/1/2016, however, it has been resolved in the General Body meeting of the Respondent No. 2 that, all the employees working with it's establishment would not be entitled to receive arrears of pay scale and pensionary benefits w.e.f 1/1/2016 to 31/8/2019. Therefore, action on part of Respondent No.2 in denying arrears due to revision of pay scale under the 7 th pay commission w.e.f. 1/1/2016 to 31/8/2019, is arbitrary, illegal and bad in law. Hence prayed for quashing and setting aside the same.