K C CHINNAMANNAVAR Vs. HUBLIDHARWAR MUNICIPAL CORPN
HIGH COURT OF KARNATAKA
HUBLIDHARWAR MUNICIPAL CORPN.
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(1.) In all these writ petitions though the prayers have been differently worded the grievance of all the petitioners is common in that, they are aggrieved by the denial of the pay scale of Rs. 160-350 with effect from 1-1-1970 in terms of the resolution passed by the Standing Committee of the Hubli -Dharwar Municipal Corporation and by the Corporation.
(2.) WP No. 824 of 1975 is presented by 17 persons. Out of them some of the petitioners have been given the pay scale of Rs. 160-350) with effect from 1st January 1970 during the pendency of the petition and a few others have presented individual writ petiitions subsequently. Having regard to the nature of the relief sought for, the petititioners should have presented individual writ petitions. Sri S. Suresh Joshi, learned Counsel appearing for the petititioners submitted that out of 17 petitioners, he would confine the petition to only petitioner 15, as out of the rest of the petitioners some of them have already got relief and some of them have filed individual writ petitions. Accordingly, WP No. 824 of 1975 is confined to petitioner-15. As all these writ petitions involve common questions of law and fact they are being disposed of by a common order.
(3.) Briefly, the relevant facts are as follows : All the petitioners were Junior Sanitary Inspectors on the establishment of the Hubli Dharwar Municipal Corporation which had been established under the Bombay Provincial Municipal Co-porations Act, 1949 They were in the pay scale of Rs 100 5-150-0 180 prior to 1 1-1970 Their pay scale was revise to Rs 120-240 with effect from1-1-1970. After noticing the fact that uniform pay scale of Rs. 160-350 had been extended to Hsalth Inspectors in the department of Health and Family Welfare Services of the State Government, the Standing Committee of Hubli-Dharwer Corporation passed a resolut on dated 16 5 1973 (Ext-A) to the effect that the pay scale of Rs 160 350 be extended to all the Junior Sanitary Inspectors with effect from 1-1-1970. Thereafter the Corporation alto passed resolution on 20-9-73 (Ext-B) to the same effect. Pursuant to the resolution of the Corporation the pay of the petitioners were also refixed in the new pay scale of Rs. 160-350 from 1-1-1970 as per order dated 11-10-1973 (Ext-C). The Commissioner however made an order on 27-12-1974 (Ext-E) under which the order by which the pay of the petitioners had been refixed in the pay scale of Rs. 160-350, was kept in abeyance. As the order refixing the pay of the petitioner was not given effect to in spile of the demand. the petitioners have presented these petitions.;
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