Case Note & Summary
The petitioner, Vijaykumar Gulabchand Sharma, was employed as a City Engineer with the Achalpur Municipal Council (respondent No.4). He filed a writ petition seeking proper pay scale from 1.1.1986. Initially, after a wage revision by the State Government, he was granted the pay scale of Rs.2000-3500 from 1.1.1986. However, on 14.12.1995, the State Government itself substituted that pay scale with a revised scale of Rs.2200-75-2800-EB-100-4000 with Class I Gazetted status. The petitioner contended that since the Government itself recognized the proper pay scale and substituted it, the revised scale should have been extended to him. The Municipal Council passed a resolution on 23.7.1996 accepting the revised pay scale and forwarded the proposal to the Regional Director of Municipal Administration. The petitioner died during the pendency of the matter, and his legal heirs were brought on record. The respondents, including the Director of Municipal Administration, the State of Maharashtra, the Collector, and the Municipal Council, did not file a reply. The court heard the petitioner's counsel and the Assistant Government Pleader. The court observed that the State Government's own resolution dated 14.12.1995 substituted the pay scale, and the Municipal Council had accepted it. Therefore, the respondents could not deny the benefit of the corrected pay scale to the petitioner. The court allowed the petition and directed the respondents to extend the pay scale of Rs.2200-75-2800-EB-100-4000 with Class I Gazetted status to the petitioner from 1.1.1986 and pay the consequential arrears within three months.
Headnote
A) Service Law - Pay Scale Revision - Municipal Employee - Entitlement to Revised Pay Scale - Petitioner, a City Engineer, claimed proper pay scale from 1.1.1986 after State Government substituted pay scale of Rs.2200-75-2800-EB-100-4000 for earlier Rs.2000-3500 - Municipal Council passed resolution accepting revised scale - Court held that once State Government itself corrected the pay scale, the revised scale must be extended to petitioner - Held that respondents cannot deny the benefit of the corrected pay scale (Paras 3-5).
Issue of Consideration
Whether the petitioner, a City Engineer of a Municipal Council, is entitled to the revised pay scale of Rs.2200-75-2800-EB-100-4000 with Class I Gazetted status from 1.1.1986, as substituted by the State Government on 14.12.1995, instead of the earlier pay scale of Rs.2000-3500.
Final Decision
Writ petition allowed. Respondents are directed to extend the pay scale of Rs.2200-75-2800-EB-100-4000 with Class I Gazetted status to the petitioner from 1.1.1986 and pay consequential arrears within three months.
Law Points
- Pay revision
- Municipal employee
- Pay scale
- Government resolution
- Binding effect
