Delhi High Court
As Rawat & Ors vs Govt. Of Nct Of Delhi & Ors. on 23 May, 2012
Author: Suresh Kait
$~03
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 23rd May, 2012
+ W.P.(C) Nos.2974/1999 and 4246 to 4351/2005
AS RAWAT & ORS ..... Petitioners
Through: Mr.R.K.Saini, Mr.Vikram Saini, &
Mr.Sitab Ali Choudhary, Advs.
versus
GOVT. OF NCT OF DELHI & ORS. ..... Respondents
Through: Mr.Neeraj Choudhary, Adv for R-1.
Ms.Raavi Birbal, Adv for R-5/IPGCL.
Mr.Vikram Nandrajog, Adv for R-6/TPDDL.
Mr.S.N.Choudhari & Mr.Shurti Chaudhri, Advs
for R-7/BSES.
Ms.Avnish Ahlawat & Ms.Latika Choudhary,
Advs for DTL.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT
SURESH KAIT, J. (Oral)
1. Vide instant petitions, in total 107 petitioners have prayed mandamus
directing the respondent No.1 to implement the NIC pay-scale in respect of
the petitioners who are employees of DBV forthwith with effect from
01.01.1986.
2. It is also sought to assign proper pay scales of NIC with effect from
01.01.1986, and pay arrears thereof.
3. Further prayed to award replacement scale of 5th Central Pay
Commission Report with effect from 01.01.1996 and arrears thereof.
4. Mr.R.K.Saini, learned counsel for petitioners submitted that the pay
scale recommended by 4th Central Pay Commission with effect from
01.01.1986 for electrical data processer staff, made a significant beginning
in identifying the electronic data processing staff as a distinct category,
while highlighting the problems of diversity and disparity in their in their
pay scale, designations and service conditions. For this purpose, the
Sheshgiri Committee was constituted after the recommendations of 4th Pay
Commission, made further progress in delineating issues and made specific
recommendations on reorganisation and rationalisation of EDP Cadres. The
instructions of the Government issued after Sheshagiri Committee report
streamlining the EDP cadres in a number of organisations, although in some
departments problem still need to be resolved.
5. The Sheshagiri made following recommendations:-
a) There is need for uniformity and
standardisation of grades for all organisations by
rationalising the large number of pay scales.
b) Flexible Complementing Scheme (FCS) or
other review promotions methods may be
considered to remove stagnation, taking into
account the total service span of nearly 33 years.
c) All Key Punch Operations (KPOs)/Data Entry
Operators(DEOs) should be classified as Data
Entry Operators with following 5 pay scales on
the pattern of those in the Ministry of Railways:-
DEO-A `1350-2200 55%
DEO-B `1400-2300 30%
DEO-C `1600-2660 10%
DEO-D `2000-3200 05%
DEO-E `2375-3500 Selection
Grade
The suggested qualifications are graduation
for entry at the level of DEO-A. Non-graduates to
be placed in the grade `1150-1500 or `1320-2040
called DEO-AA."
6. Thereafter, Delhi Vidyut Board appointed Justice J.D.Jain Committee
in the year 1994 and which submitted the report in the year 1996.
7. Upon the report of Justice J.D.Jain Committee report, petitioners
made representations through employee association on 22.07.1997.
8. Mr.Saini, learned counsel for petitioners submitted that the Director
(EDP) as per minutes of the meeting dated 15.01.1997 agreed that he will
recommend the proposal for implementing the NIC report in toto to the
DESU administration. In the said meeting the action decided reads as
under:-
"Director (EDP) agreed that he will recommend
to the DESU administration the Association's
proposal for implementing the NIC report in toto.
He stated that he had full knowledge of the NIC
Report being implemented from 11.09.1989 in
other Government departments, since he himself
was a member in the committee which formulated
the said NIC Report. He also stated that since
there was no vigorous demand from the EDP staff
to get the NIC Report implemented, he, as such
also did not pursue the matter vigorously on his
own part. Now, since, the Association has put a
formal representation to the same effect, he is
agreeing to recommend to DESU administration
the implementation of the NIC Report in DESU in
EDP department."
9. Learned counsel submitted that in Delhi Vidyut Board after
computerisation of various accounting, technical and management control
functions, the post of Key Punch Operators (hereinafter called as KPOs)
have been created in the pay scale of `1200-2190 (pre-revised) with a
special pay `100 (being a specialised nature of job). That KPOs were
considered as back bone at any stage of EDP department, though designation
assigned to the KPOs is Junior Clerk (KPO) Key Punch Operator and Data
Processing Operator. He submits all the present petitioners belong to this
category.
10. It is clarified that job content of petitioners as KPOs are at par with
Data Entry Operator Grade-B whose pay scale as recommended by NIC and
adopted by the other departments of Ministries is `1350-2200 which under
D.V.B. is `1350-2660 (pre-revised).
11. He further submitted that NIC has further opened the channel of
promotion from this grade and designation to the following posts and grades.
Data Entry Operator Grade C `1400-2800 (Pre revised)
Data Entry Operator Grade D `1600-2660 (Pre revised)
Data Entry Operator Grade E `2000-3500 (Pre revised)
12. In view of the above, learned counsel submitted that, KPOs/ Jr Clerk
in Delhi Vidyut Board should also be re-designated as Data Entry Operator
Grade B in the sale of `1350-2660 (Pre revised) with further time scale
promotions as per recommendations of NIC according to revision of scale in
D.V.B. from time to time. Further, the revised pay scale should be
implemented w.e.f. 01.01.1986 being one of the recommendations of 4 th Pay
Commission Report, as also held by Judicial dictum of the Courts.
13. That petitioners have had represented and held discussions for
assigning these NIC pay structures and designation with effect from
11.09.1989 (which on legal advice has to be modified to 01.01.1986) as
already explained earlier because of judicial review holding that these
should have been taken place with effect from 01.01.1986 being
recommendations of 4th Pay Commission.
14. He further submits, during the said discussions it was agreed that
(Junior Clerks/KPOs) were recruited as per normal standards with a test for
data entry / PC for minimum speed and expertise. The post of Junior Clerk/
KPO is not interchangeable with any other cadre as they are specially
recruited for EDP. Instances are there, when they were selected as Meter
Reader/Cashier and were not relived on the plea that they were recruited for
EDP operations only. It is certified that these employees were doing the
same work as that of data entry operators in NIC in respect of whose case
the recommendations were made.
15. He argued that instant petition being filed on the ground of non-
implementation of NIC pay scales, designation and promotion policy in
respect of EDP personnel of DVB which is discriminatory and hit by Article
14 & 16 of the Constitution. Since, it has been agreed upon to implement
the NIC scale by Government of NCT of Delhi in principle and further
implemented selectively in many departments of Government of Delhi.
Therefore, the job content of key punch operator and data entry operator is
one and the same and any discrimination is bad, unjust and arbitrary.
16. On the other hand, Ms.Avnish Ahlawat, learned counsel for
respondent submits that the petitioners are claiming relief with effect from
01.01.1986, whereas, instant writ petition has been filed in the year 1999.
She submits, there were 25 AG-III (earlier KPOs) presently working with
Delhi Transco Ltd, out of which 9 are the petitioners in this case. Rest are
working with BSES Rajdhani Power Limited, BSES Yamuna Power
Limited, North Delhi Power Limited and Indraprashta Power Generation
Company Limited. Therefore, instant petitions are liable to be dismissed on
the ground delay and latches. The petitioners who were initially employees
of Delhi Electricity Supply Undertakings, during that period, they did not
agitate the matter for higher pay scales w.e.f. 01.01.1986. Thereafter, the
erstwhile Delhi Electricity Supply Undertaking was also converted into the
Board i.e. Delhi Vidyut Board in 1999, they have filed instant writ petitions
for revision of pay scales from 01.01.1986 and 01.01.1996 which claims are
hopelessly barred by time and are liable to be rejected on latches also.
17. It is submitted that pay scales of Delhi Vidyut Board employees were
not covered under the 4th Pay Commission report. The pay scales for Delhi
Vidyut Board employees were initially revised with effect from 01.01.1986
on the basis of N.P. Rao Committee Report. For Delhi Vidyut Board
employees, the Wages Revision Committee headed by Justice J. D. Jain was
constituted. His recommendations were accepted and implemented
accordingly. The Delhi Vidyut Board as per the recommendations of the
Committee, in some cases at one stage, was even paying more than the pay
scales of NIC.
18. She further submitted that the erstwhile Delhi Electricity Supply
Undertaking/ Delhi Vidyut Board Employees were neither governed by the
Central Pay Commission recommendations nor Central Government scales.
It is submitted that for erstwhile Delhi Vidyut Board employees after the 4th
Pay Commission Justice Jain Committee was appointed for revision of pay
scales.
19. Accordingly, Justice Jain Committee considered the demands of Kay
Punch Operators for introduction of their pay scales at par with NIC pay-
scales. After considering the same, Justice Jain Committee recommended as
under:-
"The Grievance of the Key Punch Operators (Data
Entry Operators) is that in DESU their pay scale is
`1200-2190 whereas the EDP Staff in Central
Government is in the pay scale of `1350-30-1440-
40-1800-EB-50-2200. So, they want that the same
scale should given to them in DESU also.
It is pointed out that there is no avenue of
promotion for this post. Citing the pay scales of
Central Government as a precedent, it is submitted
that the EDP staff in the Central Government is
given the next scale after completing a period 5
years in a post in the following manner:-
`1350-2200 (Initial scale)
`1400-2300 (After five years)
`1600-2660 (After five more years)
`2000-3500 (After five more years)
20. It emerged from the submissions, the committee has seen the letter
issued by the Government of India regarding the scale of pay meant for the
EDP Staff. It transpires that their initial pay scale was `1150-1500 and not
`1350-2200. However, the later pay scale is an entry scale for graduates,
who initially joined this post. The minimum eligibility qualifications in the
DESU for the post of Key Punch Operators at entry level was Matriculation,
although some higher qualified persons also joined this cadre at their own.
However, that would be no ground for a distinctive scale for them only
because they were more qualified.
21. She submitted that the above mentioned committee observed as for
the automatic time-bound scale and enhancement in pay periodically, they
did feel that there is some justification for the same. As they were informed
that promotional avenues for a Kay Punch Operator are that of UDC and it
takes long term for promotion which is normally 20 years of service, so the
position of KPOs is basically akin to that of LDC.
22. Therefore, the Committee was of the view that not more than 03
periodically enhancements in pay should be given to any employee in Delhi
Vidyut Board without exception. Keeping this policy in view, it is
recommended that the next sale of pay for a KPO on completion of 10 years
of service should be `1320-2950 (as that of UDC). Thereafter, they will be
entitled for time bound promotional pay scales as in the case of LDC and
their recommendations in that case shall apply mutatis-mutandis in the case
of KPO.
23. In view of the above, it is submitted that there is no justification for
revision of pay scales as claimed by the petitioners / Key Punch Operators of
erstwhile Delhi Vidyut Board at par with NIC scales.
24. Further submitted that the factual aspect of the matter is that the Delhi
Vidyut Board has its own pay scales for its employees working at all levels.
The pay scales have been revised from time to time. Vide order dated
22.06.1982 the pay scales were revised from 01.01.1978 and the pay scales
of KPOs were revised from `185-300 to `520-815. Thereafter, the pay
scales were revised with effect from 01.01.1986 from `520-815 to
`1200-2190.
25. This issue was dealt with by DESU Wages Revision Committee
which was constituted in 1994, fully considered the case of representation of
KPOs. Thereafter, passed a detailed recommendation thereon, which has
been duly accepted. No fault can be found with the same, therefore, the
petitioner cannot claim pay scale on the basis of pay scales of Government
of India and other bodies. The qualifications and nature of jobs were
different. The petitioners entered on the basis of matriculation certificate;
whereas for the same post in Central Government the qualification is
graduate. The relief claimed by the petitioners cannot be granted simply on
the basis of the date of entry, they were graduate or having higher
qualifications.
26. Mr.S.N.Choudhari, learned counsel for BSES Rajdhani Power
Limited and BSES Yamuna Power Limited submitted that the petitioners are
seeking parity with the employees of Central Government and GNCT of
Delhi. The DVB was created under statute and an autonomous body and at
one point of time, scales of DVB were more than the scales of even Central
Government and GNCT of Delhi. Therefore, the issue has already been
considered by the Justice J.D.Jain Committee and thereafter, the petitioners
cannot be considered at par with the Central Government.
27. Mr.Vikram Nandrajog, learned counsel appearing on behalf of
respondent no.6 has also argued on the issue of delay and latches. He
submitted that the petitioners are seeking the relief on the basis of the
Sheshgiri Committee of the year 1989 whereas the petitioners have
approached after ten years of the acceptance of the said committee report i.e.
in the year 1999.
28. He also joined hands with learned counsel for respondent No.1 that
entry qualification for the Central Government is higher; whereas the entry
qualification of the petitioners was matriculate.
29. I have heard learned counsels appearing for the parties.
30. The Justice J.D.Jain Committee considered the demand of DEP staff
for introduction of NIC pay scale and thereafter accepted the
recommendations. The grievance of the KPOs is that in DESU their pay
scale was `1200-2190 whereas EDP Staff in Central Government is in the
pay scale of `1350-30-1440-40-1800-EB-50-2200. So, they want that same
scale should be given to them in DESU also. It is pointed out that there is no
avenue of promotion for this post. Citing the pay scales of Central
Government as a precedent, it is submitted that the EDP staff in the Central
Government is given the next scale after completing a period 5 years in a
post in the following manner:-
`1350-2200 (Initial scale)
`1400-2300 (After five years)
`1600-2660 (After five more years)
`2000-3500 (After five more years)
31. The committee recommended that their initial pay scale is `1150-
1500 and not `1350-2200. The later pay scale is an entry scale for graduates,
who initially join this post. The minimum eligibility qualifications in the
DESU for the post of Key Punch Operators at entry level is Matriculation,
although some higher qualified persons also joined this cadre at their own.
However, that would be no ground for a distinctive scale for them.
32. Moreso, issue raised in the instant petitioner has already been
considered by two committees namely Mr.N.P. Rao committee and Justice J.
D. Jain Committee. Therefore, comparative at par benefits with the Central
Government has no basis and cannot be given to the petitioners, as
respondents have their own pay scales.
33. It is pertinent to mention here that the scales and promotional avenues
for the erstwhile DVB employees were more than the NIC employees at one
point of time as under:-
Post Pay Scale NIC DESU/DVB Scales
(`) (`)
Date Entry 1150-1500 This will be 1200-2190 (KPO)
Operator entry grade
Grade A for Higher
Secondary
with
knowledge of
data entry
work.
Date Entry 1350-2200 This will be 1320-2950 (UDC)
Operator entry grade
Grade B for Graduates
with
knowledge of
data entry
work or
promotional
grade for
Data Entry
Operator
Grade A
Date Entry 1400-2300 Promotional 1640-3275 ;Asstt
Operator Grade Console Operator/
Grade C AG-I to be given to
KPOs on
completion of 18
years' service.
Date Entry 1600-2660 Promotional 1800-2750 Console
Operator Grade Operator/S.O.
Grade D
Date Entry 2000-3500 Promotional 2200-3900
Operator Grade
Grade E
34. The DVB unbundled on 01.07.2002 and the service benefit, their
seniority and everything were protected by the new companies came in
existence. Therefore, the issue is not of the discrimination as the DBV were
given these benefits and the new companies are not given.
35. Mr.R.K.Saini, learned counsel for petitioners relied upon the decision
rendered by Division Bench of this Court in Vinod Kumar & Ors v. Govt of
NCT of Delhi & Ors decided on 19.07.2010 in W.P.(C) No.2578/2007, is
irrelevant in the facts and circumstances of the present case.
36. I note, in Vinod Kumar (supra) the petitioners were working in the
department under GNCT of Delhi as Electronic Data Entry Operators and
were not given the scales at par with the similarly placed employees of NCT
of Delhi. However, the case in hand has no relevance thereto because the
petitioners were employees of DVB -constituted under Indian Electricity
Act. Therefore, the pay scales of Central Government cannot be given to
them.
37. For the above discussion, I find no merit in these petitions.
38. Accordingly, same are hereby dismissed.
39. No order as to costs.
SURESH KAIT, J
MAY 23, 2012
Mk
