H DILIP KUMAR Vs. STATE OF MANIPUR

JUDGEMENT

(1.) The petitioner herein was appointed as Chief Town Planner of Manipur on the recommendation of the Departmental Promotion Committee associated with the Manipur Public Service Commission and with the approval of the Manipur Public Service Commission given on 29.11.1990. The order of appointment was issued on 20th December, 1990.

(2.) In this writ petition under Article 226 of the Constitution, the petitioner is claiming same scale of pay prescribed for the State Chief Engineer. This claim is based on Annexure-A/2 which is a recommendation issued by the State Ministers of Housing and Urban Development during the conference of the Ministers held in 1974 at Madras. The said recommendation is as follows: "The Chief Town Planner should be the Head of the Department and his status should be equated to that of the Head of Department of the Public Works Department of me State."

(3.) The Petitioner contends that the recommendation stated above was implemented by the State Government by issuing an order dated 10th October, 1979. The said order reads: "The Governor of Manipur is pleased to accord sanction to the upgradation of the post of ' Chief Town Planner, Town Planning Department, Manipur in the scale of pay of Rs.2,100/- (fixed) P.M. from the existing scale of Rs. 1400-1900/- P.M. along with the present incumbent Shri L. Mangol Singh, Chief Town Planner with immediate effect. This issues with the concurrence of Finance Department vide their U.O. No. 36/79-80/ FD(15) dated 17.7.79."