DIPANKAR MANNA Vs. BOARD OF COUNCILLORS

JUDGEMENT

(1.) This writ application is filed by the petitioner challenging the order passed by the Chairman, Bhadreswar Municipality as communicated to him by letter dated September 4, 2000 in compliance of the order dated 6th September, 2000 passed in M. A. T. No. 1238 of 2000 by the Hon'ble Division Bench of this Court.

(2.) The fact of the case in a nut shell is that the petitioner is a medical graduate in Homoeopathy having been successful in the degree course and he was awarded the DMS Degree. As per letter of appointment dated 21 st January, 1986, the petitioner was appointed in the post of Medical Officer (Homoeo) attached to Rajkishan Charitable Dispensary under the Bhadreswar Municipality in the pay scale of Rs. 340-750/- with other admissible allowances. The petitioner made a representation dated 9th September, 1987 to the concerned respondent for proper fitment and/or upgradation in the scale of pay by removing discrimination like the other similarly placed candidates. The Municipality sent the above representation to the State Government for consideration on 30th October, 1987. As per communication dated 9th November, 1987 the respondent No.2 informed the petitioner that the appointment of the petitioner was made in the post of "Homoeopathic Doctor" as notified and not as "Medical Officer (Homoeo)". The petitioner had challenged the decision of the respondents of changing his designation as "Homoeopathic Doctor" by filing a writ petition and the same was dismissed. The scale of pay of the petitioner, Medical Officer (Homoeo) and Medical Officer (MBBS) at different times were follows: - <FRM>JUDGEMENT_384_CALLJ2_2006Html1.htm</FRM>

(3.) The petitioner submitted a representation dated 28th March, 1988 to the Member Secretary, Pay Commission, Office of the 3rd Pay Commission, Government of West Bengal for consideration of his grievance in respect of scale of pay as also for recommending his scale of pay at par with that of Medical Officer (MBBS). The petitioner did not receive any reply thereto. Thereafter, the petitioner made further representation dated 10th February, 1995 to the Municipal Authority for consideration of his grievance in respect of his scale of pay. The Municipal Authority sent his representation to the State Government for consideration.