MUNICIPAL CORPORATION Vs. MADHU PASREEJA

JUDGEMENT

(1.) This intra-Court appeal is preferred under section 2 of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005 against the order of learned Single Judge dated 14-3-2006 in Writ Petition No. 2095/2002.

(2.) The relevant admitted facts briefly stated are that respondents No. 1 and 2 were initially appointed as 'Bal Mandir Shikshikas' by Gram Panchayat, Tikuri. Respondent No. 1 was appointed on 1-1-1982 on fixed pay of Rs. 150/-per month whereas respondent No. 2 was appointed vide order dated 1-12-1983 on a salary of Rs. 6/- per day. However, with the passage of time, Gram Panchayat, Tikuri became part of the Municipal Corporation, Katni, appellant before us. After inclusion of the Gram Panchayat, Tikuri in Municipal Corporation, Katni (in short 'Corporation'), respondents No. 1 and 2 became employee of the appellant-Corporation. However, when the services of respondents No. 1 and 2 were not regularized, they filed W.P. No. 5055/1996 before this Court. In the said writ petition, the learned Single Judge in view of the fact that respondents No. 1 and 2 have rendered their services for considerable period and also by taking into account the fact that the appellant has already sent a requisition to the State Government to grant necessary sanction for creation of six extra posts, directed the State Government to pass an order within 30 days from the date of the order, on the requisition sent by the Corporation and; accordingly, disposed of the writ petition. It appears that the State Government thereafter sanctioned the posts and consequently the appellant vide order dated 29-4-1998 regularized the services of respondents No. 1 and 2 on the post of 'Bal Mandir Shikshika' in the pay-scale of Rs. 950-25-1000-30-1210-40-1530/-. However, respondents No. 1 and 2 being dissatisfied with the pay-scale given to them made representations claiming pay-scale of Rs. 1200-2040/- which is being paid to the Lower Division Teacher of the Government School. However, when no action was taken, respondents No. 1 and 2 again approached this Court by filing W.P. No. 2095/2002 for issuance of direction commanding the appellant to grant aforesaid pay-scale from the date of their regularization and to grant the corresponding pay-scale of Rs. 4000-6000/- from the date when it was made applicable including arrears of salary after proper fixation of their pay-scale with interest @ 18% per annum. In the said writ petition, the appellant appeared and contested the same by filing return. The stand of the appellant in the writ petition was that pursuant to the order of the State Government the services of the respondents were regularized in the pay-scale of Rs. 950-1530/- vide order dated 29-4-1998, the corresponding pay-scale of which at present is Rs. 3050-4590/-. It was further stated by the appellant in the return that no post of Teacher in the pay-scale of Rs. 1200-2040/- has been sanctioned by the State Government in the school where respondents No. 1 and 2 are employed and, as such, they cannot claim higher pay-scale. It has further been averred in the return of the appellant that the pay-scale of Rs. 1200-2040/- has been sanctioned by the State Government only in respect of those schools which are receiving grant-in-aid from the State Government; since the school where respondents No. 1 and 2 are employed does not receive any grant-in-aid from the State Government and hence they cannot be given the pay-scale of Rs. 1200-2040/-.

(3.) The learned Single Judge vide order dated 14-3-2006 allowed the writ petition preferred by respondent No. 1 and 2. It was, inter alia, held that admittedly two posts were sanctioned by the State Government in terms of section 58 of M. P. Municipal Corporation Act, 1956 (in short 'Act of 1956') pursuant to which services of respondents No. 1 and 2 were regularized; and since the appellant has sanctioned pay-scale of Rs. 1200-2040/- which has been revised to Rs. 4000-6000/-, to the teachers employed in the school run by the appellant and since no pay-scale has been prescribed in respect of the post held by respondents No. 1 and 2 in Madhya Pradesh Municipal Corporations (Appointment and Conditions of Services of Officers and Servants) Rules, 2000 (in short 'Rules of 2000') and the pay-scale of Rs. 950-1530/- is not provided in the Rules of 2000; the post held by respondents No. 1 and 2 since have been sanctioned by the State Government in terms of section 58 of the Act of 1956, they are entitled for the pay-scale of Rs. 1200-2040/- which has been revised to Rs. 4000-6000/- and; accordingly, the appellant was directed to grant the said pay-scale to the respondents from the date of their regularization.