SHARAD KUMAR Vs. MUNICIPAL BOARD

JUDGEMENT

(1.) BY this writ petition, the petitioner Sharat Kumar has prayed that the respondent Municipal Board, Sumerpur may be directed to regularise the services of the petitioner on the post of LDC with effect from 16 -8 -1979 and has further prayed that the Municipal Board may also be directed to fix him in the pay scale of LDC from the aforesaid date.

(2.) THE contention of the petitioner bereft of all unnecessary details is based on two grounds. The first ground is that one Sona Ram, who had also been appointed in the same manner as the petitioner and was junior to him, had already been fixed in the regular pay scale from 13 -8 -1985 where as the petitioner has not so been fixed His second contention is that he had been working as a LDC with the Municipal Board from 16 -8 -1979 and is entitled to the same pay scale as is applicable to other LDCs. Under new pay scales on the ground that the post cadred in the Rajasthan Municipal (Subordinate and Ministerial Service) Rules, because the authority concerned, namely, the Municipal Board has to act in accordance with the mandate of the statute. In this connection reliance has been placed upon B.N. Nagarajan and Ors. v. State of Mysore and Ors. 1966 AIR (53) SC 1942), State of Madhya Pradesh and Anr. v. Thakur Bharat Singh AIR 1967 SC 1170) and Bishambhar Dayal Chandra Mohan and Ors. v. Uttar Pradesh and Ors. (1982) I SCC 39. In connection with this second contention he has also placed reliance upon the principle of equal pay for equal work which has been accepted by the Hon'ble Supreme Court vide Randhir Singh v. Union of India and Ors : (1982)ILLJ344SC ) Dhirendra Chamoli and Anr. v. State of UP Telecommunication Research Centre Scientific Officers (Class -1) Association and Ors. v. The Union of India and Ors. 1987 I SLVR (L) 17), MP. Singh Deputy Superintendent of police, CBI and Ors. v. Union of India and Ors 19871 SVLR(L) 25 and Abid Hussain and Ors. etc. v. Union of India and Ors. (1987 I SLVR(L)36.

(3.) SO far as the contention that the petitioner should be allowed the pay scale applicable to the LDCs from the date of his appointment since 1979 goes it has been contended that in the first place he has not been appointed in accordance with the Rajasthan Municipal (Subordinate and Ministerial Service) Rules and, therefore, he cannot claim pay scale thereunder. In the second place, it has been contended that when the appointment itself is illegal the petitioner is also not entitled to the benefit under the principle of equal pay for equal work because that can be applicable to the persons who are validly appointed but have been discriminated in the matter of pay scale. Lastly, it was contended that in any case at present there is no vacancy with the Municipal Board where the petitioner can be accommodated and, therefore, he cannot get the regular pay scale.