RAMDAYALSINGH DHIRPALSINGH GAHERWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By these petitions, the petitioners, the retired employees of the Municipal Council, Gondia are seeking pay scale of Rs.500900 for the posts of Tax and Octroi Superintendent in Bhole Wage Revision, and thereafter pay scale of Rs. 16402900 for those posts at the time of 4th Wage Revision. The petitioners point out that earlier when they joined the service, post of internal auditor, post of Accountant, post of Octroi Superintendent and post of Shop Inspector, were all in same pay scale and in fact petitioner in Writ Petition No.2889/1992 has worked on all these posts. They contend that during the subsequent wage revision, the pay scales of all there 4 posts have remained the same, but in 1982 when because of increase in population, Gondia Municipal Council was moved from category "B" to category "A" Municipal Council, the lower pay scale for the first time was given to these petitioners i.e. pay scale is Rs. J 4002600/. It is therefore, the contention of the petitioners that they should have been given the pay scale of Rs.1640 2900. In Writ Petition No.2889/1992, the additional grievance about the pay scale of the post of Administrative Officer has also been added by amendment. It is contended, that the proposal for grant of approval to the promotion of said petitioner is pending with the Director of Municipal Administration, since last several years without any response.

(2.) In view of the nature of controversy, it is not necessary for us to go into the factual details, except to mention that petitioner Ramdayalsingh in Writ Petition No.2889/1992, worked from 03.07.1965 to 1968, as Shopping Inspector and thereafter from 1970 to 1982 he again worked on that post. At that time, the pay scale of all these post was Rs.80-150. The petitioner between 1968 to 1970 worked as Octroi Superintendent and again from 03.06.1982 to 19.9.1999 he worked as Octroi Superintendent. Thereafter till 03.06.1992 he worked as internal auditor and on 07.06.1992, he started working as Tax Superintendent. The pay scale as revised from 01.04.1976 for these posts was Rs.335680; w.e.f. 01.04.1586 post of Octroi Superintendent was given pay scale of Rs.14002600, while the other posts were given scale of Rs.16402900. In both the petitions, this has been challenged as discriminatory by contending that when for over a period of 20 years, the posts were being recognized as equivalent to each other and transfers were being effected, sanctioning of a lower pay scale to the post of Octroi Superintendent w.e.f. 1.4.1986 is unwarranted and discriminatory. Reliance has been placed on the judgment of Hon'ble Apex Court (State of Kerala Vs. B. Renjith Kumar and others, 2008 AIR(SCW) 4279).

(3.) In addition to this, it is further stated that sanction of this pay scale to Octroi Superintendent working in Gondia Municipal Council is also violative of Article 14 of the Constitution of India, because Octroi Superintendent similarly placed, but working with Yeotmal Municipal Council, Ulhasnagar Municipal Council were given pay scale of Rs.16402900. It is pointed out that, Gondia Municipal Council and these two Municipal Councils are of "A" class category, and on 1.4.1986 were in same class. The respective learned counsel for both the petitioners point out that because of this position the Standing Committee of Municipal Council on 12.09.1997 has passed a resolution and sanctioned pay scale of Rs.500900 to the post of Octroi Superintendent and Tax Superintendent with it. The Standing Committee resolved that necessary approval should be obtained from the office of the Director of Municipal Administration. The respective learned counsel points out that on 12.09.1988 the recommendations of 4th Pay Commission were not applicable to the Municipal Councils, and those recommendations were applied some time thereafter and therefore the pay scale of Rs.500900 is mentioned in the resolution is from Bhole Pay Revision and for said pay scale the existing pay scale in 4th Pay Commission is Rs.16402900. It is pointed out that the said resolution was recommended by the Collector, Bhandara, who found that considering the work load and responsibilities, the pay scale of Rs.395800 was not proper, and they should have been given the pay scale of Rs.500900. The Office of the Regional Director of Municipal Administration on 17.02.1992 recommended the said pay scale and sought approval from the Director of Municipal Administration for sanction of pay scale of Rs.500900 to the posts of Tax Superintendent and Octroi Superintendent. In the petitions filed before the Courts, it is stated that the Director has not rejected the proposal. On 19.04.1993 i.e. after filing of the present petition, the office of the Director of Municipal Administration has rejected the said proposal. It is the contention of the petitioners that pay scale of 500900 has been rejected by non speaking and cryptic order. It is thus the contention that, similar officers in the employment with other "A" class Municipal Council, were permitted higher scale and the very same pay ought to have been sanctioned to both the petitioners.