MADHU PASREEJA Vs. MUNICIPAL CORPORATION

JUDGEMENT

(1.) BY this petition under Articles 226 and 227 of the Constitution of India, the petitioners are challenging the action of respondent No. 1 by not providing them pay scale of 'bal Mandir Shikshika' (hereinafter referred to as 'shikshika' ). According to them they are entitled for the pay scale of Rs. 1200-2040/- from the date of their regularisation vide order Annexure-P-2 dated 29. 4. 1998.

(2.) THE contention of learned Counsel for the petitioners is that earlier the petitioners were appointed on the fixed pay of Rs. 150/- per month. Thereafter, the State Government sanctioned the post of Shikshika and accordingly respondent No. 1 issued order Annexure-P-2 on 29. 4. 98 regularising the services of the petitioners in the pay scale of Rs. 950-1530/- on the post of Shikshika. The contention of learned Counsel for the petitioners is that the pay scale of corresponding post in the State Government is Rs. 1200-2040/- and accordingly the same pay scale be paid to the petitioners. It has been further contended that the said pay scale has now been revised to Rs. 4000-6000/ -.

(3.) ON the other hand, it has been contended by Shri Mohd. Nasir, learned Counsel appearing for respondent No. 1 that the State Government accorded sanction of two posts of Shikshika vide sanction order dated 4. 4. 98. On receipt of such sanction services of the petitioners were regularised against such posts in the pay scale of Rs. 950-1530/- vide order Annexure-P-2 dated 29. 4. 98, the corresponding pay scale of which at present is Rs. 3050-4590/- and it is being provided to the petitioners as per budget estimate for the year 2002-2003 (Annexure-R-1/1 ). It has been further contended that the State Government has only sanctioned the posts but did not sanction the pay scale of Rs. 1200-2040, therefore, respondent No. 1 has fixed the petitioners in the pay scale of Rs. 950-1530/ -.