IMPORTANT POINT
The Chairperson of a Municipal Board cannot unilaterally grant pay scales to employees without a decision from the Municipal Board and approval from the state government, as per the provisions of the Assam Municipal Act, 1956.

JUDGMENT :

Vijay Bishnoi, C.J.

This writ appeal is filed by the appellants being aggrieved with the order dated 10.08.2022 passed by the learned Single Judge in WP(C) No.7162/2018, whereby the writ petition filed on behalf of the respondents Nos.1 to 14 herein [hereinafter to be referred as “the private respondents”]/writ petitioners came to be allowed and the appellant Nos.1, 2, 4 and 5 were directed to pay the scale of pay prescribed under the Sixth Pay Commission to the private respondents along with the arrear within a period of 5(five) months from the date of receipt of a certified copy of the order.

2. The brief facts of the case are that the private respondents, who are temporary employees working in the Tinsukia Municipal Board, have approached the Writ Court by filing the aforesaid writ petition with a prayer to issue direction to the appellants to pay them a higher scale of pay, in terms of the Sixth Pay Commission, w.e.f. 01.03.2017. The private respondents have contended before the learned Single Judge that the Chairperson of the Tinsukia Municipal Board, vide order dated 20.03.2017, has already ordered that the writ petitioners/private respondents herein will now be entitled to the scale of pay prescribed by the Sixth Pay Commission i.e. from 01.03.2017, but despite the same, the said benefit has not been granted to them.

3. The learned Single Judge has observed that though the Chairperson of the Tinsukia Municipal Board has already ordered for grant of benefit of the pay scale prescribed under the Sixth Pay Commission to the writ petitioners/private respondents herein, the same has not been granted to them in view of the letter dated 31.03.2017, written by the Executive Officer, Tinsukia Municipal Board, whereby he has advised the Chairperson to keep the said order in abeyance till receipt of an opinion from the Department of Finance (Economic Affairs) and the Director, Municipal Administration, Assam.

4. The learned Single Judge has observed that the Executive Officer, though advised for seeking guidance from the Director of Municipal Administration and the Department of Finance (Economic Affairs), Assam, no communication has been sent by the Executive Officer, Tinsukia Municipal Board to the Department of Finance and as such, the reason for keeping in abeyance the order of the Chairperson of the Tinsukia Municipal Board is not only arbitrary but also appears to be the means of delaying the rights of the writ petitioners/private respondents herein to enjoy the benefit which they are entitled to in terms of the order dated 20.03.2017 passed by the Chairperson, Tinsukia Municipal Board.

5. While observing as above, the learned Single Judge has set aside the letter dated 31.03.2017 written by the Executive Officer, Tinsukia Municipal Board and has directed the appellants to grant the benefit of scale of pay prescribed under the Sixth Pay Commission to the writ petitioners/private respondents herein.

6. Mr. D. Das, learned Senior Counsel assisted by Mr. R.B. Phookan, learned counsel for the appellants has argued that the learned Single Judge has grossly erred in allowing the writ petition by passing the impugned order dated 10.08.2022. Learned Senior Counsel for appellants has further submitted that as a matter of fact, the Chairman, Tinsukia Municipal Board has no jurisdiction to order to grant the benefit of pay scale prescribed under the Sixth Pay Commission to the temporary employees of the Tinsukia Municipal Board.

7. Referring to Section 37 of the Assam Municipal Act, 1956, it is argued that the said provision does not empower the Chairman of a Municipal Board to issue such type of orders. It is contended that any decision for granting a particular pay scale to the temporary employees of a Municipal Body is required to be taken by the said Municipal Board after getting concurrence from the State Government because it is the State Government who provides funds for disbursement of salaries to the employees of a Municipa