Bombay High Court
Municipal Council, Daryapur, Thr. Its ... vs Sunil S/O. Madhukarrao Lokhande on 7 December, 2023
Author: Avinash G. Gharote
Bench: Avinash G. Gharote
2023:BHC-NAG:17079
J WP-3885-2023.odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO.3885 OF 2023
PETITIONER Municipal Council, Daryapur,
Through its Chief Officer.
(Original Respondent)
..VERSUS..
RESPONDENT : Sunil S/o Madhukarrao Lokhande,
aged about 44 years, Occupation-
Service, resident of Gandhi Nagar,
Banosa, Daryapur, Dist. Amravati.
(Original Complainant)
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Mr M. I. Dhatrak, Advocate for Petitioner.
Mr P. S. Raut, Advocate for Respondent-Sole (Caveator).
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CORAM : AVINASH G. GHAROTE, J.
DATE : 7th DECEMBER, 2023.
ORAL JUDGMENT
. Rule. Rule made returnable forthwith. Heard finally
by consent of Mr Dhatrak, learned counsel appearing for
petitioner and learned counsel Mr Raut appearing for
respondent - sole.
2. The petition questions the order dated 09.11.2022
passed by the learned Industrial Court, Amravati, by which the
application under Exhibit - 7 is allowed and the petitioner is
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directed to release the salary of the respondent/complainant for
the post of 'Fireman' as per the pay scale applicable to that post
since November - 2021 and to continue to pay the same till the
disposal of the complaint.
3. Mr Dhatrak, learned counsel for petitioner taking
exception to the said order contends that it directs the payment
of the salary on a presumption that the training qualifications as
required for the said post have been satisfied. He invites my
attention to Schedule-B of the Model Standing Order dated
25.04.2005 (Page 98) which demonstrates that for the post of
Fireman, the training from the Government recognized
Institute is a necessity.
4. Mr Raut, learned counsel for respondent does not
dispute that the Model Standing Order is applicable to the
respondent and in terms thereof the training as indicated
therein is compulsory for the respondent to claim entitlement
for the wages of Fireman. It is, however, his contention that till
such time a training was to be completed, vide appointment
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order dated 30.05.2006, the respondent was entitled to wages
of a Peon in the pay scale of Rs.2550 - 3200, which according
to him has not been paid. Averment in that regard finds place in
Para 4 (Page 21) of the complaint.
5. Mr Dhatrak, learned counsel for petitioner does not
deny the entitlement of the respondent to the wages of a Peon
in the above pay scale. The impugned order, however, makes
the wages of the Fireman applicable to the respondent.
6. Considering the above position which is an admitted
one and the fact that the respondent has not obtained the
requisite training from the Institution which was specified by
the Model Standing Order (Page 98), the wages of the post of
Fireman cannot be granted to the respondent till such time the
training is completed.
7. However, the respondent cannot be denied the wages
of the post of Peon in the pay scale of Rs.2550 - 3200, in terms
of the appointment order dated 30.05.2006 and Resolution
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No.3 as passed by the Standing Committee of the Municipal
Council, Daryapur, on 27.04.2006 (Page 37), in light of which,
the impugned order is modified as under :
i) The petitioner - Municipal Council,
Daryapur, shall pay to the respondent salary for the Post
of Peon in the pay scale of Rs.2550 - 3200 from his date
of appointment till such time the respondent acquires
the requisite qualification as per the Model Standing
Order and in case, the requisite qualification is acquired
by the respondent, the salary payable to a Fireman shall
be paid to him, from the date of acquiring such
qualification.
8. The petition is, therefore, disposed of in above terms.
Rule accordingly. No order as to costs.
JUDGE
TAMBE
Signed by: Mr. Ashish Tambe
Designation: PA To Honourable Judge
Date: 12/12/2023 18:57:01
