BHABAGRAHI PATI Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioners who are 135 persons working in different posts of Bhubaneswar Municipal Corporation on permanent basis in the Local Fund Service have come up with this writ petition under Article 226 of the Constitution of India challenging the inaction of the State Government in not implementing the Orissa Revised Scale of Pay Rules, 1998 on the basis of 5th Pay Commission Report with effect from 1.1.1996 on the ground that the State Government has already implemented the same with effect from 1.1.1996 in respect of the employees of similar cadre in the State Government who are discharging duties and responsibilities of similar nature and have prayed for quashing the Resolution dated 29.8.2002 of Government of Orissa in Housing & Urban Development Department (Annexure-5 and another Resolution dated 28.7.2003 (Annexure-5/A) and to command the opposite parties to implement the Orissa Revised Scale of Pay Rules, 1998 with effect from 1.1.1996 on the basis of the 5th Pay Commission Report.

(2.) The sequence of events leading to filing of this writ petition may be stated briefly as follows:

(3.) In view of Section 81 of Orissa Municipal Act which empowers the State Government to create Local Fund Service and to make rules to regulate the clarifications, methods of recruitment, conditions of service, pay and allowance, discipline and conduct of the officials and servants belonging to Local Fund Service, the petitioners who are all employees as per the recruitment process of Local Fund Service under the Municipal Corporation and are brought into Local Fund Service are governed by the provisions of Orissa Local Fund Service Rules, 1975. Rule 4(1) of the Local Fund Service Rules, 1975 reads as follows: