1. By way of this petition, petitioners have prayed for a direction directing respondents to sanction grant of higher pay-scale in view of the Government Resolution dated 16.8.1994 and Circular issued by the respondent on 16.2.1996 and to revise the Government Resolution dated 2.7.2007 and to issue direction to pay the arrears of higher grade from the date it is payable to the petitioners.
2. The facts leading rise to the present petition are as under:
2.1 The petitioners are working with Karamsad Nagarpalika on different posts like Sr.Clerk, Tax Clerk, Peon, Clerk, Tax Inspector and Water Works Operator, etc. HC-NIC Page 1 of 4 Created On Wed Sep 07 00:03:15 IST 2016 SCA/253/2012 2/4 ORDER 2.2 The Karamsad Municipality has passed Resolution for grant of higher pay-scale on completion of 9-18-27 years of service and forwarded a proposal vide letter dated 14.12.2001 to the District Collector.
2.3 The District Collector vide letter dated 15.12.2001 (1.1.2002) recommended to the Director of Municipalities to consider the case of the petitioners for grant of higher pay-scale. The Director of Municipalities rejected the proposal for grant of higher pay-scale vide letter dated 4.8.2003.
2.4 On 21.4.2010, the Director of Municipalities rejected the claim on the ground that as against grant of higher pay-scale on completion of 9-18-27 years, the proposal is required to be sent for completion of 12-24 years service and fresh proposal is required to be submitted.
3. Learned advocate for the petitioners submitted that despite the clear Resolution passed by the Director of Municipalities and the direction issued by the District Collector, the office of the Director of Municipalities is not taking interest and rejecting the proposal on one ground or other for extraneous reason. The Director of Municipalities has sanctioned grant of higher pay-scale on completion of 9-18-27 years of service in respect of several Nagarpalikas in the State of Gujarat though their establishment expenditure is higher than the HC-NIC Page 2 of 4 Created On Wed Sep 07 00:03:15 IST 2016 SCA/253/2012 3/4 ORDER establishment expenditure of Karamsad Nagarpalika and as far as sanction qua Karamsad Nagarpalika is concerned, it is rejected.
4. Upon service of notice, Respondent No.2, Director of Municipalities, filed the affidavit-in- reply; wherein, it is stated in paragraph No.6, as under:
"I state that Karamsad Nagarpalika again sent a proposal to the Collector, Anand on 20.11.2009 and in turn, the Collector, Anand sent the proposal to the deponent office on 11.12.2009. I state that the said proposal was taken into consideration by the deponent office with Resolution of Finance Department dated 2.7.2007 and it was conveyed to Karamsad Nagarpalika by letter dated 21.4.2010 that instead of higher pay-scale on completion of 9-18-27 years service, they may sent a proposal on completion of 12-24 years service and the Nagarpalika was intimated to send their proposal accordingly".
5. In view of the aforesaid stand taken by the Director of Municipalities, respondent-Municipality is hereby directed to send a fresh proposal on the basis of 12-24 years within a period of one month from today i.e. on or before 1st October, 2012 and the same will be sanctioned within a period of four months from the date of receipt of the same.
petition is disposed of accordingly.
7. Liberty to revive in case of difficulty.
(K.S.JHAVERI, J.) (ashish) HC-NIC Page 4 of 4 Created On Wed Sep 07 00:03:15 IST 2016