1 W.P.No.5556.07 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 5556 OF 2007 Sopan S/o Himmat Patil, Age 37 years,Occupation Service, r/o Postal Colony,Dhule Road, Chalisgaon,District Jalgaon. ...PETITIONER. VERSUS The State of Maharashtra, (Through its Secretary, Urban DevelopmentDepartment, Mantralya,Mumbai-32.) and others ...RESPONDENTS. ... Shri.A.G.Talhar Advocate for Petitioner. Shri.V.B.Ghatge, A.G.P. for Respondent-State. Shri R.N.Dhore,Advocate for respondent No.6 ... CORAM: NARESH H. PATIL AND K.K. TATED, JJ. DATE : 17TH JUNE, 2010. PER COURT : 1. Heard learned counsel for the parties. 2. The petitioner is working as Municipal Council electrician. The petitioner’s case was forwarded by way of proposal for grant of pay-scale of 2 W.P.No.5556.07 Rs.4000-6000. The petitioner is working in the pay-scale of 3050-4590. The proposal forwarded by the Chief Officer, Municipal Council,Chalisgaon was not accepted, therefore, the petitioner approached this Court. 3. Mr.Talhar, learned counsel appearing for the petitioner submits that electrician in other Municipal Council, like Amalner and other Councils are getting the pay-scale of Rs.4000-6000/-for the same post, but the petitioner is deprived of the said pay-scale under 5th Pay commission recommendations. 4. The respondent-State filed affidavit in-reply. In para No.6 of the affidavit-in reply, the deponent had explained the case of the employees in the Amlner Municipal Council, as electrician. In para No.7 of the affidavit in reply the deponent states that “under the provisions of 76 of the Maharashtra Municipal Council Nagar Panchayats and Industrial Townships Act, 1965 the 3 W.P.No.5556.07 Director is empowered to fix the pay scale of the employees in the Municipal Council, in the State of Maharashtra. The Director of Municipal Administration has received proposal dated 03.01.2004 from the Collector, Jalgaon regarding the pay-scale of Electrician of Chalisgaon. The pay-scale prescribed in the sanctioned posts in various pay commissions are as under; Electrician Pay-scale Order dated Sanctioned Post Rs.260-495 Divil.Commr.Nashik order dt.10.5.88 Bhole Pay commission Rs.260-495 Divil.Commr.Nashik order dt.10.5.88 4th Pay Commission Rs.950-1500 DMA Order dated 13.4.95 5th Pay Commission Rs.3050-4590 Collector, Jalgaon Order dated 7.6.2001. 5. It is contended that as per the order of sanction of post of electrician, the pay-scale as per Bhole Pay commission and 4th Pay commission, the pay scale sanctioned to the petitioner is in accordance with the pay commission’s pay scale. Therefore, the deponent submits that the 4 W.P.No.5556.07 petitioner is entitled to pay-scale of Rs. 3050-4590. 6. Mr.R.N.Dhorde, the learned counsel appearing for respondent No.6 support the contentions of the respondent-State and submits that the case of Amlner employees can not be made applicable to the case of the petitioner. According to the respondents, the pay-scale applicable to the electrician was fixed by the Director Administration. The petitioner is entitled to get the said pay-scale. 7. In the light of the affidavit and submissions advanced by the learned counsel for the parties, we find the case of Municipal Council, Amlner employees’ can not be made applicable to the case of the petitioner. The petitioner could not bring before the Court any adverse record against the contentions raised by the respondents. 8. Considering the affidavit in-reply filed by 5 W.P.No.5556.07 the respondent-State, submissions advanced by the learned counsel for the parties, we do not find any interference by this court in extraordinary writ jurisdiction is warranted. The Writ petition is accordingly dismissed. Sd/- Sd/- [K.K. TATED, J.] [NARESH H. PATIL, J.] MTK