Delhi High Court
Ganeshi Lal & Ors vs The Chairman Dda & Anr on 18 May, 2016
$~15
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 18th May, 2016
+ W.P.(C) 7886/2015
GANESHI LAL & ORS ..... Petitioners
Through: Mr. N.S.Dalal with Mr. J.B.Mudgil &
Mr. D.P.Singh, Advs.
versus
THE CHAIRMAN DDA & ANR ..... Respondents
Through: Mr. Raj Birbal with
Mr. Sanjay Singh, Advs. for DDA.
CORAM:
HON'BLE MR. JUSTICE SANJIV KHANNA
HON'BLE MR. JUSTICE NAJMI WAZIRI
SANJIV KHANNA, J. (ORAL)
1. By this writ petition, the three petitioners impugn the order
dated 21.5.2015 passed by the Principal Bench of the Central
Administrative Tribunal whereby their OA 4578/2013 has been
dismissed.
2. The petitioners, Assistant Security Officers in the Delhi
Development Authority, on the principle of equal pay for equal work
claim pay scale of Rs.5000-175-9000/- at par with the Assistant
Security Officers of other institutions and organizations like HUDA,
AIIMS, DTC, PUDA, Transco. Ltd. and Railways.
3. We have heard the counsel for the petitioners who has simply
referred to the designation of the posts and submits that the petitioners
as Assistant Security Officers were performing identical and similar
duties and functions as performed by the Assistant Security Officers
in other organizations/institutions.
4. Having gone through the writ petition, we find that except for
making a general statement and assertion, there is absolutely no
attempt to show and establish parity and equivalence in work,
function and duties between the posts. In Secretary, Finance
Department and Industries vs. West Bengal, Registration Services,
JT 1993 Suppl. (1) 153, the Supreme Court has observed that
ordinarily pay structure is fixed keeping in mind factors like i)
method of recruitment, ii) level at which recruitment is made, iii) the
hierarchy of service in a given cadre, iv) minimum educational/
technical qualifications required v) avenues to promotion, vi) the
nature of duties and responsibilities, vii) the horizontal and vertical
relativities with similar jobs, vii) public dealings, ix) satisfaction
level, x) employer's capacity to pay, etc. Pay fixation is done by
expert bodies and are difficult, time-consuming, require assistance of
expert staff and relevant data. For any judicial interference, there
should be cogent material on record for courts/tribunal to
affirmatively conclude that grave errors had crept in while fixing the
pay scale. The petitioner has virtually faulted on all accounts as
relevant data and material to form judicial opinion in their favour has
not been produced, either before the tribunal or this Court. Every
organization and institution has peculiarities. Duties and functions
attached and performed at a post depend on the work profile of the
department, the nature of contribution expected of the employee at the
post, extent of his responsibility and accountability attached in
discharge of diverse duties and functions, extent and nature of
freedoms or limitations available and imposed upon an employee in
discharge of duties, extent of powers vested, dependence on superiors
for the exercise of his powers, need to coordinate with the other
departments, etc. For example, an Assistant Security Officer in a
hospital, airport or railway station is required to ensure safety of
patient, passengers, goods, etc. Skills, pressure and tasks involved are
different.
5. We have also examined the order passed by the Tribunal which
appropriately detailed and applies the correct legal ratio.
6. The present writ petition has no merit and is dismissed. There
will be no orders as to costs.
SANJIV KHANNA, J
NAJMI WAZIRI, J
MAY 18, 2016/ak
