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2022 Supreme(Chh) 225

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Arup Kumar Goswami, Gautam Chourdiya, JJ.
Vishnu Prasad Chandrakar S/o Late Shri Aen Lal Chandrakar - Appellant
Vs.
State of Chhattisgarh Through The Principal Secretary, Department of Finance, Mahanadi Bhawan, Mantralaya, Naya Raipur Chhattisgarh. - Respondent
WA No. 171, 166, 167, 168, 169, 170, 173 of 2017
Decided On : 12-05-2022

Advocate Appeared:
For the Appellants :Dr. N.K. Shukla, Senior Advocate assisted by Mr. Sourabh Sharma and Ms. Rashika Soni, Advocates
For the Respondents/State:Mr. H.S. Ahluwalia, Deputy Advocate General, Mr. Apurv Goyal, Advocate Bhilai, Mr. Rajnish Singh Baghel, Advocate Mr. Pankaj Agrawal, Advocate

Headnote:

Chhattisgarh Municipal Corporation (Appointment and Conditions of Service of Officers and Servants) Rule, 2007 - Chhattisgarh Municipal Corporation Act, 1956 - Section 43 read with Section 53(1) - State Government had framed Chhattisgarh Revised Pay Scale Rules, 2009 - Appointed as Daily Wager - Arrears of wages - Commission pay-scale - Appointment and Conditions of Service of Officers and Servants - Petitioner in Writ Petition was appointed as Daily Wager in the year services had been regularized in post of Time Keeper he was working with Municipal Corporation there were no rules governing service conditions of employees of the Municipal Corporation and only in year 2007, Rule, 2007 had been framed by Government in exercise of power conferred under Section 43 r/w 53(1) of Act, 1956 - Rules of 2007 was enforced with effect - Respondent No.1 had issued a circular dated 24.03.2009 making applicable 6th Pay Commission pay-scale to all Departments of State of Chhattisgarh with effect - Respondent No.2 issued two circulars - Held, Respondents that they had been made permanent pursuant to order passed by Industrial Court and only ground taken by the petitioner before Industrial Court, decision of which was challenged in the writ petition in question, was that petitioner is lacking in funds - Noticing that only a sum due to respondents from Corporation, it was held by Bombay High Court that lack of funds cannot be a ground to deny arrears of wages to Class-IV employees – Court attending facts and circumstances of case, observed that decision not to grant revised pay scale taken keeping in view financial condition of Federation - Question posed as to whether such a decision could have been interfered with in a writ petition in exercise of power of judicial review was answered in negative - Stand taken by State Government that local bodies are taking financial help from State Government to meet day to day expenses is not disputed by petitioners - Writ appeals are dismissed.

JUDGMENT :

Arup Kumar Goswami, J.

Heard Dr. N.K. Shukla, learned senior counsel for the appellants in all the writ appeals. Also heard Mr. H.S. Ahluwalia, learned Deputy Advocate General, appearing for the State/respondents No.1 to 3 in all these appeals, Mr. Apurv Goyal, learned counsel, appearing for respondent No.4 in Writ Appeal Nos.171 of 2017, 168 of 2017 and 169 of 2017, Mr. Rajnish Singh Baghel, learned counsel, appearing for respondent No.4 in Writ Appeal No.166 of 2017 and Mr. Pankaj Agrawal, learned counsel, appearing for respondent No.4 in Writ Appeal No.173 of 2017.

2. These writ appeals are presented against a common order dated 28.03.2017 passed by the learned Single Judge in Writ Petition (S) Nos.1502 of 2014, 677 of 2016, 5622 of 2016, 5598 of 2016, 5617 of 2016, 5625 of 2016 and 5669 of 2016.

3. Writ Appeal No.171 of 2017 is preferred in respect of Writ Petition (S) No.1502 of 2014.

4. The writ petitioners, namely, Vishnu Prasad Chandrakar in Writ Petition (S) No.1502 of 2014, Rameshwar Prasad Chandrakar in Writ Petition (S) No.677 of 2016 and Vijay Kumar Sherkar in Writ Petition (S) No.5669 of 2016 were the employees of Municipal Corporation, Bhilai; the writ petitioner, namely, Shiv Kumar Sharma in Writ Petition (S) No.5622 of 2016 was an employee of Municipal Corporation, Durg; the writ petitioner, namely, Abdul Hamid in Writ Petition (S) No.5598 of 2016 was an employee of Municipal Corporation, Ambikapur; the writ petitioner, namely, Ajay Kumar Verma in Writ Petition (S) No.5625 of 2016 was an employee of Municipal Corporation, Raipur and the writ petitioner, namely, Abhimanyu Sinha in Writ Petition (S) No.5617 of 2016 was an employee of Municipal Corporation, Dhamtari.

5. For the purpose of disposal of these batch of writ appeals, we will rely upon and refer to the appeal papers in Writ Appeal No.171 of 2017 as well as writ petition papers in Writ Petition (S) No.1502 of 2014.

6. The facts presented in Writ Petition (S) No.1502 of 2014, interalia, are that the petitioner in Writ Petition (S) No.1502 of 2014 was appointed as Daily Wager in the year 1985 and his services had been regularized in the post of Time Keeper in the year 1996 and thereafter, he was working with Municipal Corporation, Bhilai. Prior to 2007, there were no rules governing the service conditions of the employees of the Municipal Corporation and only in the year 2007, Chhattisgarh Municipal Corporation (Appointment and Conditions of Service of Officers and Servants) Rule, 2007 (for short, 'Rules of 2007') had been framed by the Government in exercise of power conferred under Section 43 read with Section 53(1) of the Chhattisgarh Municipal Corporation Act, 1956 (for short, Act of 1956). The Rules of 2007 was enforced with effect from 24.01.2008. In the year 2009, the State Government had framed Chhattisgarh Revised Pay Scale Rules, 2009 (for short, 'Rules of 2009') and respondent No.1 had issued a circular dated 24.03.2009 making applicable the 6th Pay Commission pay-scale to all the Departments of State of Chhattisgarh with effect from 01.01.2006. Thereafter, on 17.09.2009, respondent No.2 issued two circulars : first one in respect of the Officers of the State Municipal Service by which the benefit of 6th Pay Commission pay-scale is made applicable from 01.01.2006, providing further that the cash payment of arrears amount and grant of pay scale to the officers of the State Municipal Service would be made as per Rules of 2009. The second circular dated 17.09.2009 is in respect of the regular employees of the urban bodies of the State whereby revised pay scale is sanctioned subject to certain conditions. Subsequently, another circular dated 07.10.2009 was issued providing that Rules of 2007 would be applicable in such local bodies where establishment expenditure is less than 65% after the implementation of the revised pay scale. It is pleaded that employees of the Municipal Corporation, Municipal Council and Nagar Panchayat had been extended b

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