MAYOR IN COUNCIL HOWRAH MUNICIPAL CORPORATION Vs. SUJIT KUMAR DAS
LAWS(CAL)-2011-12-27
HIGH COURT OF CALCUTTA
Decided on December 13,2011

MAYOR-IN-COUNCIL. HOWRAH MUNICIPAL CORPORATION Appellant
VERSUS
SUJIT KUMAR DAS Respondents

JUDGEMENT

- (1.) The then Howrah Municipality (Now Howrah Municipal Corporation) issued an advertisement in the English Newspaper "The Statesman" inviting applications for the post of Superintendent of Motor Vehicles in the scale of pay of Rs. 470-1230 plus usual Dearness Allowance and other allowances as admissible to the employees of the then municipality. The text of the said advertisement is set out hereunder :- HOWRAH MUNICIPALITY NOTICE Applications are invited for the post of a Superintendent of Motor Vehicles in the revised Scale of Pay of Rs. 470-20-550-25- 750-30-870-40-1230 plus usual D.A. and other allowances as admissible to the Employees of the Municipality and on usual terms and conditions. Total emolument at the start will be around Rs. 900/- p.m. Qualification required - B.E. in Mechanical Engineering of any recognised University with special subject on Automobile and a minimum 2 years experience in a reputed Automobile Workshop. Upper age limit 35 years.
(2.) Applications with complete bio-data of the candidate addressed to the undermentioned must reach him on or before 29.1.83. Alokedut Das, President Howrah Municipality 14-12-1982 Although the respondent/writ-petitioner had no Bachelor Degree in Mechanical Engineering even then he was selected and empanelled along with others. Since the empanelled Degree-holder Engineer did not join in the said post, the writ petitioner was appointed in the said post of Superintendent of Motor Vehicles.
(3.) Pursuant to the recommendation of the third pay commission, the scale of pay of Rs. 470-1230 was revised to Rs. 1500-3410. However, the pay scale of Rs. 470-1230 for the post of Motor Vehicles Superintendent was revised to Rs. 2200 4000 subject to fulfillment of the required essential qualifications which are set out hereunder :- "Degree in Automobile/Mechanical Engineering & 5 years experience in servicing, maintenance and repairs of motor vehicles and power driven machineries.";


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