MUNICIPAL COUNCIL Vs. ISHAQ MOHD.

JUDGEMENT

(1.) THE challenge laid in the instant appeal is against the judgment and order dated 16.12.2008 passed in S.B.Civil Writ Petition No.2891/2007 partially granting reliefs as sought for by the respondents-herein. Thereby, the appellant was directed to allow to the respondents pay in the scale of 800- 1250 as Gardeners as per notification dated 15.11.1995 referred to soon hereafter and subsequent thereto in the pay scale of 2650-4000 with effect from 1.9.1996. They were also declared to be eligible for benefits consequential to the fixation of their pay as above.

(2.) WE have heard Mr.Kailash Joshi, learned counsel for the appellant and Mr.Ravi Bhansali, learned counsel for the respondents.

(3.) THE circular dated 27.11.1995 followed was also issued by the same Department referring to a doubt with regard to the applicability of the pay scale mentioned in the Notification dated 15.11.1995 to Class-IV employees. The Circular purportedly clarified that revision in the pay scale of Class-IV employees referred to in the notification dated 15.11.1995 would apply only to unclassified posts of Class-IV servants not included in the staffing pattern of the Municipalities and would be inapplicable to other Class-IV servants.