Judgement

G. N. RAY, J.:- Leave granted.

2. Heard learned counsel for the parties.

3. This appeal is directed against order dated March 21, 1995 passed by the Division Bench of the Delhi High Court in Writ Petition No.3995 of 1994. The appellant, Dr. Banavalikar is a doctor with specialisation in tuberculosis and chest diseases. The appellant joined the medical service under the Municipal Corporation of Delhi on 28-4-1980. The appellant was posted as Superintendent-cum-Senior Consultant in Tuberculosis in Rajan Babu T.B. Hospital, Delhi (hereinafter referred to as RBTB Hospital) on 31st March, 1989 on retirement of Dr. R. P. Bagchi from Municipal Service. Dr. Banavalikar at that time was holding the post of specialist Grade 1 (TB and Chest) in the said RBTB Hospital. In the letter posting the appellant as Medical Superintendent, it was specifically mentioned that he would get own pay scale while holding the charge of Medical Superintendent. The appellant continued as Medical Superintendent of the said RBTB Hospital for about five and half years. The appellant was relieved from the charge of Medical Superintendent of RBTB Hospital. The appellant was intimated that he would continue to