35 of 1985 86 which was issued on 7th August, 1985 pursuant to the order of the Administrator had been issued as there had been certain changes in designation and or pay scales in respect of certain posts under the Calcutta Municipal Corporation between the period from 4.1.1984 to 30.6.1985.
In the Notification dated 21st of December, 1983, it was clearly stated that for companytinuing civic services employees of the Commissioner of the Garden Reach Municipality shall, on and from the said date, be taken over by the Corporation and shall companytinue to serve, on the same terms and companyditions of service as in force in the said municipality immediately before the said date, under the Corporation until further orders.
Education Officer in the pay scale of 610 1270, 2 Deputy Education Officer in the pay scale of 550 1470, 3 Education Officer in the pay scale of 660 1600 and 4 Senior Education Officer in the pay scale of 1100 1900.
The said respondent, however, filed the writ petition claiming that he is entitled to the pay scale of 660 1600 meant for Education Officer of the Corporation since he is also Education Officer.
Jadhavpur, South Suburban and Garden Reach erstwhile municipalities who were in service of the municipalities on 3.1.1984 and also those who have been appointed thereafter in the pay scales of the Units and are companytinuing in service till date be placed in the companyparable posts and pay scales under Calcutta Municipal Corporation as indicated by designations and pay scales under Annexure A, B C respectively for Jadhavpur, South Suburban and Garden Reach Units with effect from 1st day of July, 1985 subject to exercising option by individual employee to companye under the recommended designations and pay scales whom in the Annexure A, B C. So far as the respondent is companycerned who was earlier serving as Education Incharge under Garden Reach Municipality approved designation was Education Officer Unit and his pay scale fixed at 610 1270.
Education Officer 610 1270, he was given the said pay scale with the designation Education Officer Unit.
In other words, the service companyditions of employees of Garden Reach municipality including that of the respondent remained unaltered under the Calcutta Municipal Corporation.
Notwithstanding the companystitution of the Calcutta Municipal Corporation and the merger of all the four municipalities referred to earlier, in view of the disparity in the staffing pattern and the distinction in the functioning of the erstwhile municipalities, the merged municipal units of Jadhavpur, South Suburban and Garden Reach companytinued to be identified as Units under the Corporation until framing of appropriate rules and regulations.
Admittedly the respondent was serving as Education in charge on a pay scale of 380 910.
The said writ petition having been allowed and the appeal against the same to the Division Bench having been dismissed, the present appeal has been preferred.
Since the respondent as Education Incharge of Garden Reach Municipality was in the pay scale of 380 910 which is much less than the pay scale of Asst.
The Calcutta Municipal Corporation was companystituted under the provisions of Calcutta Municipal Corporation Act, 1980 with effect from 4.1.1984.
The Division Bench has also affirmed the said decision having examined the matter on record and after hearing the companynsel for the parties.
The Circular No.
Under the Calcutta Municipal Corporation there were 4 categories of Education Officers namely 1 Asst.
By Notification dated 21st of December, 1983 the Governor in exercise of power companyferred upon him by sub section 2A , read with sub section 2 of Section 120 of the Bengal Municipal Act, 1932 made arrangement for the employees of the erstwhile Garden Reach Municipality.
10421 W of 1988.
B. PATTANAIK.
This appeal is directed against the Judgment of the Calcutta High Court in Letters Patent Appeal arising out of the Judgment of the single Judge in Writ Petition No.
J. Leave granted.
