ORISSA MUNICIPAL EMPLOYEES FEDERATION Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner who is the General Secretary of the Orissa Municipal Employees Federation and a regular Class-Ill employee of the Cuttack Municipal Corporation has come with this petition under Articles 226 & 227 of the Constitution of India challenging inaction of the State government in the matter of implementation of the Orissa Revised Scale of Pay Rules, 1998 on the basis of 5th Pay Commission Report with effect from 1.1.1996 whereas 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 has prayed for commanding 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 factual foundation leading to filing of this writ petition may be stated briefly as follows: The petitioner who is the General Secretary of the Orissa Municipal Employees Federation, a registered organization under the Indian Trade Union Act in respect of employees of all local bodies excepting persons in Class-II grade are its members and the petitioner as the General Secretary has been authorized to file this writ petition on behalf of all the employees claiming revised scale of pay as per Orissa Revised Scale of Pay Rules, 1998 given effect to with effect from 1.1.1996. The Orissa Revised Scale of Pay Rules, 1998 on the basis of 5th Pay Commission Report was implemented in respect of the employees of the State Government in the same cadre and in respect of other Corporations with effect from 1.1.1996. The non-implementation Of the revised scale of pay as per the 5th Pay Commission Report with effect from 1.1.1996 in respect of the employees of the local bodies runs contrary to the mandate of Rule 4(1) of Orissa Local Fund Service Rules, 1975 and violates Articles 9, 14, 16 & 21 of the Constitution of India and therefore, the resolutions implementing the revised scale of pay from 1.8.2002 instead of 1.1.1996 is contrary to law on the ground of discrimination and violation of the rules.

(3.) In view of Section 81 of the 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 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. Rules-4 (1) of the Local Fund Service Rules, 1975 reads as follows: Rule 4(1)- Employees of the service shall get the time-scale of pay and allowances as are admissible to employees of similar cadre under the Government who have duties and responsibilities of equal nature. Rule 4(2)- Inter seseniority, transfer, promotion, and confirmation shall be confined to the particular cadre.