Delhi High Court
S Chellaiah & Ors vs New Delhi Municipal Council & Anr on 5 March, 2020
$~2
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Judgment : 05th March, 2020
+ W.P.(C) 1197/2020
S. CHELLAIAH & ORS ..... Petitioners
Through Mr. M.K. Bhardwaj, Advocate
versus
NEW DELHI MUNICIPAL COUNCIL & ANR ..... Respondents
Through Mr. Jagdeep Kumar Sharma, ASC
with Mr. Nirvikar Verma, ASC and
Mr. Mahesh Singh, Advocates for
respondents No.1 and 2.
CORAM:
HON'BLE MR. JUSTICE G.S.SISTANI
HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
G.S. SISTANI, J. (ORAL)
1. The present writ petition is filed against order dated 07.10.2019 passed
by the Central Administrative Tribunal ('Tribunal') in C.P. No.87/2019.
Petitioner herein filed a contempt petition alleging willful disobedience
of directions contained in order dated 20.09.2018 passed by the
Tribunal in O.A. No.3575/2018. Order dated 07.10.2019 reads as under:
"At the outset, learned counsel for the respondents
submits that in compliance of the directions of this Tribunal
dated 02.09.2018 in aforesaid OA No.3575/2018, the
respondents have passed a speaking and reasoned order
dated 05.10.2019 and a copy thereof has already been
issued to the petitioners and another copy thereof, has been
given to Sh. M.K. Bhardwaj, learned counsel for the
petitioners.
2. In view of the aforesaid, the present Contempt Petition is
closed. Notices issued to the respondents are discharged.
However, the petitioners shall be at liberty to avail the legal
remedies, if the grievances, if any, still survive, in
accordance with law."
2. Mr. Bhardwaj, learned counsel appearing for the petitioners submits
that the respondents have failed to consider the representation of the
petitioners in the right perspective. He further submits that the
petitioners have been discriminated against in the matter of granting to
them Delhi Transco Ltd. (DTL) replacement scale at par with their
counterparts in the Engineering Cadre, without any justification and in
contravention of the decision of the NDMC itself. Comparative charts
detailing the grant of Pay Scales of Civil and Horticulture Cadre have
been handed over in court, which we reproduce below:
Pay Scales as per 5th CPC
Name of
Pay Scale Name of the Post Pay Scale
the Post
AE (Civil) 6500-200-10500 Assistant Director (Hort.) 6500-200-10500
10000-325-
EE(Civil) 10000-325-15200 Dy. Director (Hort.)
15200
12000-16500- 12000-16500-
SE (Civil) Director (Hort.)
14300-18300 14300-18300
Pay Scales as per 6th CPC
Name of the Pay Scale Name of the Pay Scale
Post Post
AE (Civil) 9300-34800 with Assistant 9300-34800 with
Grade Pay of Rs. 4600 Director Grade Pay of Rs. 4600
(Hort.)
EE(Civil) 15600-39100 with Dy. Director 15600-39100 with
Grade Pay of Rs. 6600 (Hort.) Grade Pay of Rs. 6600
SE (Civil) 15600-39100 with Director 15600-39100 with
Grade Pay of Rs. 7600 (Hort.) Grade Pay of Rs. 7600
Details of DTL replacement scale
Name of the Pay Scale Name of the Pay Scale
Post Post
AE (Civil) 19000-39100 with Assistant 19000-39100 with
Grade Pay of Rs. 5400 Director (Hort.) Grade Pay of Rs.
EE(Civil) 19000-39100 with Dy. Director 19000-39100 with
Grade Pay of Rs. 7600 (Hort.) Grade Pay of Rs.
SE (Civil) 37400-67000 with Director (Hort.) 37400-67000 with
Grade Pay of Rs. 8900 Grade Pay of Rs.
3. Mr. Bhardwaj submits that the Pay Scales of both the
Departments/Cadres i.e. Civil and Horticulture Cadre were identical not
only during the 5th Central Pay Commission (CPC) but also during 6th
CPC; and the same were disturbed only while granting DTL Pay Scales.
Mr. Bhardwaj submits that historically there has been parity between
Civil and Horticulture Cadre and there is no reason for the
differentiation created now while granting DTL Pay Scales. He submits
that the action of the respondents is arbitrary; and only assailing the
impugned order passed in the contempt petition would lead to
multiplicity of proceedings. He submits that in view of order dated
20.09.2019, the respondents be directed to consider the representation
of the petitioners with due seriousness and in the light of the
submissions made.
4. Counsel for the respondents submits that the representation of the
petitioners was rejected for justifiable reasons which form part of
rejection order dated 05.10.2019.
5. We have heard learned counsel for the parties.
6. It is evident that historically there has been parity in the pay scales of
the Civil and Horticulture Cadres;
7. Accordingly, we allow the writ petition in part, with a direction to the
respondents to consider and decide the representation of the petitioners
within a period of three months, keeping the above factor in mind, and
also in line with Office Order dated 20.10.1994 issued earlier by the
NDMC, which we reproduce below:
"NEW DELHI MUNICIPAL COUNCIL
PALIKA KENDRA: NEW DELHI
CIVIL ENGG. ESTT. UNIT-I
C.O.N. Engg/Estt-I/4283/GC-I dated 20.10.1994
OFFICE ORDER
Consequent upon sanctioning of higher pay scale to Junior
Engineer (Civil) and S.O. (Horticulture) by the Govt. of India
Ministry of Urban Development in their letter No.12014/2/87-
EW-2 dated 22.3.91 and with the approval of Special Officer,
NDMC, the Jr. Engrs.(Civil) and S.Os (Hort.) of NDMC on
their completion of 5 years service in the existing entry grade
pay scale of Rs.1400-40-1000-EB-50-2300 (Pro-revised pay
scale of Rs.425-15-500-E.B.-15-560-20-700) earlier granted
vide Reso. No.47-A dated 14.10.86 are given the higher grade
pay scale of Rs.1640-60-2600-EB-75-2900 w.e.f. 1.1.86. The
initial appointment of J.E (C)/S.O.(Hort.) will continue to be in
the pay scale of Rs.1400-40-1800-EB-50-2300.
2. The higher grade of pay scale of Rs.1640-2900 will not
be treated as promotional one but will be non-functional and the
benefit of F.R. 22(C) now F.R. 22(I) (a) (i) will not be admissible
to them as there will be no change in their duties &
responsibilities.
3. Further, the J.Es (C) & S.O.(Hort.) on completion of 15
years of total service and having not been promoted to the post of
Assistant Engineer (Civil)/Assistant Director (Hort.) in the scale of
Rs.2000-60-2300-EB-75-3200-100-3500/- non-availability of such
vacancies are allowed further higher of Rs.2000-3500 on personal
basis w.e.f. 1.1.91. As and when regular vacancies in the cadre of
Asstt. Engr. (Civil)/Asstt. Dir. (Hort.) will arise, the Jr. Engr.
(C)/S.O.(Hort) enjoying the personal promotion will be adjusted
against these vacancies, subject to observance of normal
procedure.
4. In the matter of pay fixation, the Junior Engr.
(C)/Sectional Officer (Hort.) allowed the personal scale, will get
the benefit of F.R. 22(i) (a) (i). However, they will continue to
perform the same duties/functions of J.Es (C)/S.O. (Hort.).
5. The placement of J.Es(C)/S.O (Hort.) in both the higher
scales as mentioned above will be on the basis of fitness and
overall performance.
6. All other terms and conditions in the matter of pay
fixation will be as admissible under the rules and guidelines issued
on the subject by the Govt. of India, Ministry of Urban
Development, New Delhi, C.P.W.D."
8. The writ petition stands disposed in the above terms.
9. Dasti.
G.S.SISTANI, J
ANUP JAIRAM BHAMBHANI, J
MARCH 05, 2020
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