: 1 : cwp-3547-11=.doc USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3547 OF 2011 Mr. Gajanan Vitthal Kamble (Kavishil) .. Petitioner v/s. The Dy. Director, Maharashtra State Nagar Parishad Govt. & Ors. .. Respondents ......... Ms. Kranti Kamble for the petitioner Mr. Tejpal S. Ingale for respondent no.3 Mr. C.R. Sonawane, AGP for respondent nos. 1 and 2. ......... CORAM : A.M. KHANWILKAR & R.Y.GANOO, J.J. DATE : 8th JUNE 2011. P.C. : 1. The issue raised in this petition is about fixation of petitioner’s pay-scale, as per 4th, 5th and 6th Pay Commission and to grant retiral benefits on that basis. 2. Counsel for the Municipal Council, on instructions, states that due to misplacement of the petitioner’s service book, the Municipal Council could not complete the process of determining the retiral benefits and emoluments payable to the petitioner, even though the petitioner : 2 : cwp-3547-11=.doc retired on 30th April, 2011. He further submits that as per order of the Industrial Court, the petitioner’s Service Book has since been reconstructed and steps are being taken to compute the retiral benefits / emoluments to be paid to the petitioner. That will be done expeditiously. This assurance given by the Municipal Council through their Advocate is accepted. 3. From the record, it appears that the Industrial Court has already accepted the claim of the petitioner to the extent of benefits accrued to the petitioner in terms of 4th and 5th Pay Commission vide decision, dated 8th December, 2005 passed by the Industrial Court, Kolhapur in Complaint (ULP) No.3 of 1996. It is not in dispute that the said decision has attained finality. The only issue therefore, that is left open to be decided by the Municipal Council is about extending the benefits as per the recommendation of 6th Pay Commission to the petitioner. That is a matter which will have to abide by the policy decision of the Council to be taken and implemented after due approval of the State Government, in particular, by the Director of Municipal Administration. Counsel appearing for the respondent Municipal Council submits that in the event, approval thereto is granted, even benefits in terms of 6th Pay Commission, will be provided to the petitioner and retiral emoluments will be re-computed on that basis. : 3 : cwp-3547-11=.doc 4. In view of this assurance, nothing survives for consideration qua the principal issue in the present Petition. 5. Insofar as prayer clauses (c) and (d) are concerned, the respondent Municipal Council assures to take necessary steps and release the retiral benefits to the petitioner as expeditiously as possible and in any case, within three months from today, subject to direction / approval to be granted by the State Government in that behalf. 6. Insofar as prayer clause (e) is concerned, the petitioner and / or his son Mr. Ashish G. Kamble (Kavishil) is free to make representation to the appropriate Authority of the Municipal Council for appointment on compassionate ground, which application shall be decided by the appropriate Authority on its own merit in conformity with the Policy of the Municipal Council. We make it clear that this observation does not mean that the Municipal Council is obliged to appoint petitioner’s son Mr. Ashish G. Kamble (Kavishil), if no such policy is in place. 7. Accordingly, this petition stands disposed of on the above terms. (R.Y.GANOO, J.) (A.M. KHANWILKAR, J.)