MOHAN GANAPATI PAWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The short question which arises for consideration in the present case is: whether the Petitioner who is an employee of the Municipal Council who stood promoted to the Post of an Administrative Officer and whether the Petitioner is entitled to the Pay Scale applicable to the Post of an Administrative Officer

(2.) The facts giving rise to this Petition, briefly, are as follows.

(3.) Petitioner joined Miraj Municipal Council as an Octroi Clerk in 1957. In 1959, he passed Departmental Examination. From 1957 to 1983, he worked in various Departments of Respondent No.3 in different Posts. Petitioner came to be promoted on 27/10/1983 as Head Clerk in the Pay Scale of Rs.500-20-700-25-900 plus all other additional allowances. At the time when the Petition came to be filed, there was only one post of the Head Clerk which was below the post of the Chief Officer. In 1986, the Pay Scale of the posts of Accountants, Octroi Superintendents, Tax Superintendents and Head Clerk was Rs. 500-20-700-25-900. Subsequently, the Pay Scale of the post of the Accountant came to be changed to Rs.600-30-750-40-1150. This was on 30/11/1984. By letter dated 12/9/1986 the President of the Miraj Municipal Council, Miraj recommended to the 1st Respondent to increase the Pay Scale of the post of the Head Clerk. By an order dated 27/3/1989, Deputy Director changed the designation of the post of the Head Clerk into Administrative Officer with effect from 27/6/1986 and simultaneously revised the Pay Scale from Rs.500-20-700-25-900 to Rs.600-30-750-40-1150 with effect from 1/4/1976. As stated above, the Petitioner came to be promoted to the post of Head Clerk vide order dated 27/10/1983. By an order dated 10/2/1989, the Petitioner was asked to work as an Octroi Superintendent for the administrative reasons (See page 40 of the Writ Petition). It is not in dispute that the Government granted sanction to the redesignation of the post of the Head Clerk into the post of an Administrative Officer with the benefit of revised Pay Scale on 27/3/1989. It is the case of the Petitioner that the Petitioner having been promoted to the post of Head Clerk which post was redesignated subsequently as the post of Administrative Officer, the Petitioner was entitled to receive salary as per the Pay Scale prescribed for the post of Administrative Officer. It is the case of the Petitioner that the Petitioner has been receiving salary in the Pay Scale of an Octroi Superintendent whereas, in fact, the Petitioner was entitled to the salary as per the Pay Scale prescribed for the post of an Administrative Officer. In the circumstances, the present Writ Petition came to be filed.