Meena Roy And Anr. vs Delhi Development Authority
2004 Latest Caselaw 420 Del

JUDGMENT

Pradeep Nandrajog, J.

1. Petitioners are currently holding the post of Private Secretary. They had joined service under DDA as Stenographers. Prior to amalgamation of the posts of Personal Assistants with Private Secretaries, post of Personal Assistant was a promotional post from the feeder cadre of Senior Stenographers. Post of Senior Stenographer was in the pay scales of Rs. 1200-2040 and Rs. 1400-2600. The post of a Personal Assistant was in the pay scale of Rs. 1640-2900. Post of Private Secretary was in the pay scale of Rs. 2000-3500. Personal Assistants were promoted as Private Secretaries. The post of Senior Stenographer is a Class III post and the post of Personal Assistant is a Class II post.

2. In the year 1990, Government of India vide OM No. 2/1/90/C dated 31,7.1990 revised the pay scales of Stenographers who were earlier in the pre-revised pay scale of Rs. 425-700 to Rs. 1640-2900. This revision was made retrospectively applicable with effect from 1.1.1986. This was due to the implementation of the recommendation of the 4th Pay Commission.

3. Under the DDA, pay scale to the post of Personal Assistant was revised to Rs. 1640-2900 with effect from 1.1.1986 from the pre-revised scale of Rs. 550-900 and the pay scale of Private Secretaries was revised from Rs. 650-1200 to Rs. 2000-3500.

4. Delhi Development Authority decided to adopt the pay scale of Senior Stenographers adopted by the Government of India i.e. the scale of Rs. 1640-2900. This was made applicable with effect from 1.1,1996. Realizing that the post of Personal Assistant is a promotional post in the same cadre and that the pay scale of the promotional post could not be the same as the feeder post, DDA created an intermediary scale of Rs. 2000-3200 made applicable with effect from 11.1996 for Personal Assistants.

5.Thus, with effect from 1.1.1996, DDA placed Senior Stenographers in the pay scale of Rs. 1640-2900 and the Personal Assistants were placed in the scale of Rs. 2000-3200 with effect from the same date.

6. Senior Stenographers made representation to the DDA that since Government of India had given the scale of Rs. 1640-2900 to Senior Stenographers with effect from 1.1.1986 pursuant to the recommendations of the 4th Pay Commission, there was no reason for the DDA, while adopting the same pay scale, to make it applicable with effect from 1.1.1986. It was pointed out that all the organizations had adopted the same pay scale which was recommended by the 4th Pay Commission with effect from 1.1.1986 and not 1.1.1996. The said request of the Senior Stenographers was not accepted by the DDA.

7. Though most of the organizations which had adopted the recommendations of the 4th Pay Commission had implemented the revision of the p ay scale with effect from 1.1.1986 which was the date when the replacement scales were recommended to be made effective by the 4th Pay Commission and were accepted by the Central Government, some organizations did not do so.

8. Employees of these organizations had filed writ petitions in this Court. Senior Stenographers working under the DDA also filed writ petition which was numbered as WP(C) 3342/1995 in this Court. Prayer made was that the pay scale of Rs. 1640-2900 be made applicable to Senior Stenographers with effect from 1.1.1986 and not 1.1.1996.

9. Vide judgment and order dated 27.5.1998, the said writ petition was allowed. While allowing the writ petition, this Court took note of WP(C) No. 4462/1994 decided on 16.10.1995 filed by employees of AIIMS, WP(C) 290/1995-decided on 29.11.1995 filed by employees of National Institute for Health and Family Welfare, WP(C) No. 3248/1994-decided on 16.1.1996 filed by employees of National Cooperative Development Corporation and WP(C) No. 4414/1994 decided on 16.7.1994 filed by employees of Kendriya Vidyalaya Sangthan. While allowing the writ petition filed by the Senior Stenographers, this Court held that since DDA was paying the same scale of pay as was being paid by the Central Government to its employees, in light of the decisions of this Court that date of applicability of the replacement pay scale had to be the same, it was held that Senior Stenographers were entitled to the replacement pay scale with effect from 1.1.1986.

10. Grievance of the petitioners who were promoted as Personal Assistant and thereafter as Private Secretaries is that with the implementation of the judgment of this Court in favor of the Senior Stenographers, they have been placed in the pay scale of Rs. 1640-2900 with effect from 1.1,1986. Petitioners, who were promoted as Personal Assistants were in the said pay scale with effect from 1.1.1986. Their replacement pay scale was fixed at Rs. 2000-3200 at the time when replacement pay scale was given to the Senior Stenographers. This Court has held in favor of the Senior Stenographers that there was no reason to make applicable the replacement scale to them with effect from 1.1.1996 and that the same had to be with effect from 1.1.1986, petitioners too were entitled to the benefit of the replacement scale of Rs. 2000-3200 with effect from 1.1.1986. Explaining the logic of the argument, petitioners contend that anomalous situation would arise if relief is not granted to the petitioners because with the implementation of the decision of this Court in WP(C) No. 3342/1995 filed by the Senior Stenographers, for 10 years, Senior Stenographers and Personal Assistants would be in the same pay scale. A feeder post and promotional post would be in the same pay scale for 10 years.

11. DDA opposes the writ petition by saying that DDA gave the replacement pay scale with effect from 1.1.1996. This Court allowed the writ petition filed by the Senior Stenographers on the ground that since DDA had decided to adopt the replacement pay scales to the post of Senior Stenographers as adopted by the Central Government, there was no reason not to adopt the date which was adopted by the Central Government and in that view of the matter replacement pay scales were made applicable to Senior Stenographers working under the DDA with effect from 1.1.1986. Pay scale of Rs. 2000-3200 given by the DDA to Personal Assistants was a pay scale created by the DDA. It was not the pay scale adopted by the Central Government and, therefore, petitioners have no case.

12. To my mind, a promotional post cannot be placed in the same pay scale as a feeder cadre post. A promotional post, of necessity, involves higher duties and responsibilities. It was not disputed by the Counsel for DDA that Personal Assistants and Personal Secretaries perform qualitatively and quantitatively more onerous duties than Senior Stenographers and that is the reason why they were placed in a higher pay scale. Recognizing the said fact, DDA had placed the Personal Assistants in a higher pay scale vis-a-vis Senior Stenographers. Replacement pay scales were given to the said post and while giving the replacement pay scales, conscious of the fact that nature and responsibilities of the duties were different, Personal Assistants were placed in a higher pay scale. DDA uniformly applied the date from which the replacement pay scales had to be made applicable to both categories of posts being 1.1.1996.

13. This date fixed by the DDA got altered by a judicial verdict. Reasoning of the judicial verdict was that replacement pay scales adopted by DDA as per the recommendations of the 4th Pay Commission had to be with effect from the date from which the same were adopted by the Central Government. This decision was taken by this Court in light of four earlier decisions passed in favor of employees of other organizations where similar dispute had existed. Consequence of the said decision was that Senior Stenographers got the replacement pay scale applicable with effect from 1.1.1986. The fact that the replacement pay scale of Rs. 2000-3200 given to Personal Assistants is not the pay scale recommended by the 4th Pay Commission is of no material consequence in the facts of the present case and nature of the dispute raised.

14. What is in issue is that the DDA recognises the fact that the Personal Assistants have to be placed in a higher pay scale than the Senior Stenographers. This Court altered the date when the replacement scale was to be made applicable to Senior Stenographers, from 1.1.1996 which was adopted by DDA to 1.1.1986. The effect of the decision of this Court is that if the replacement date for Senior Stenographers has to be made applicable with effect from 1.1.1986 but the date of replacement scale has to be maintained as, 1.1.1996 for Personal Assistants, an anomalous situation would come into existence because for 10 years, scale of Senior Stenographers and Personal Assistants would be the same. This anomaly would be arbitrary, irrational and contrary to Article 14. Unequals would be clubbed together. Persons holding higher posts would be clubbed with persons holding junior posts in the same pay scales.

15. Logic of the decision of this Court in WP(C) No. 3342/1995 would require that the date from which the replacement pay scales have to be made applicable to Personal Assistants working under the DDA needs shifting, i.e. the scale of Rs. 2000-3200 has to be made applicable with effect from 1.1.1986 and not with effect from 1.1.1996.

16. Writ petition is allowed. DDA is directed to grant pay scale of Rs. 2000-3200 to the Personal Assistants with effect from 1.1.1986. Needful be done within a period of 6 weeks from today, in that, within 6 weeks, arrears of pay be paid to the Personal Assistants. If payment is made within 6 weeks, no interest would be paid, however, if payment is not made within 6 weeks, the same shall carry interest @ 6% per annum from date of this decision till date of payment. No costs.