JUDGEMENT
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(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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