P V NASIK Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS petition and numerous other petitions are filed in this Court for challenging the validity of the Government Resolution, dated March 18, 1966, as clarified by the two circular letters each dated April 16, 1966. The petitioners also challenge the notices of discharge, each dated April 5, 1966, terminating the services of each of the petitioners and allotting them to services of Zilla Parishads as of and from August 16, 1966. In other petitions also similar notices are challenged. The petitioners have prayed for quashing and setting aside of the notices of discharge and also for a mandamus restraining the Government from allotting the petitioners to the services of Zilla Parishad, Dhulia.

(2.) THE questions arising in this petition being common to several petitions filed in this Court are of general importance in relation to all the Class 3 and Class 4 employees of the State Government (consisting of about 45/55 thousand in all) who as surplus staff, are proposed to be allotted and transferred to "district Services" of Zilla Parishads of several districts in the State of Maharashtra.

(3.) THE broad facts leading to the passing of the above resolution and the issuing of the notices of discharge dated April 5, 1966, devoid of numerous details which will require to be noticed in connection with the contentions made by the parties, may be summarised as follows: The petitioners were initially recruited in the Revenue Department as Clerks on various dates between the years 1943 and 1944. They were confirmed as Clerks in the year 1948. They were promoted to officiate as Aval Karkuns in the years 1956 and 1957. Subsequently, in 1965, they were promoted to officiate as Mamlatdars. Long prior to April 1966, the petitioners were provisionally substantively confirmed as Aval Karkuns and were then officiating as Mamlatdars. The scale of pay available to the petitioners as Aval Karkuns was Rs. 145-8-185-10-215 plus admissible allowances. The petitioners had reached the maximum of Rs. 215, long prior to their promotion of officiate as Mamlatdars in 1965. As officiating Mamlatdars, the petitioners were entitled to the scale of pay of Rs. 300-12-420-E. B.-15-450-20-550. In April 1966, the petitioners were drawing the basic salary of Rs. 315 and admissible allowance amounting to about Rs. 45 per month.