D.T.C. WORKERS' UNION & ORS. versus DELHI TRANSPORT CORPORATION

Citation: [1991] 1 S.C.R. 984 · Decided: 02-04-1991 · Supreme Court of India · Bench: T.K. THOMMEN · Disposal: Disposed off

Judgment (excerpt)

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D.T.C. WORKERS' UNION & ORS. 
v. 
DELHI TRANSPORT CORPORATION 
APRIL 2, 1991 
[T. KOCHU THOMMEN AND R.M. SARAI, JJ.] 
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Pay Scales-D. T.C. employees-Implementation of recommen-
dations of Fourth Pay Commission-:-Office Order No. DGM(IR)/84/90 ~ 
dated 7.2.1984-Construction of. 
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The D. T.C. Workers' Union and some of its members,have filed 
this Writ Petition under Article 32 of the Constitution praying, as the 
main relief, for issue of a Writ of Mandamus or Direction to the 
respondent-Corporation to implement w.e.f. 1.1.86 the recommenda-
tions of the Fourth Pay Commission as approved by the Government of 
India to the Central Government employees as per the undertakings 
D given to its employees vide Office Orders No. PLD-IX (465)/83/10589 
dated 15.9.1983 and DGM(IR)/84/90 dated 7.2.1984. Relying on the 
undertakings given in the said Office Orders it has been contended on 
behalf of the petitioners that the D.T.C. employees will be entitled not 
only to new pay-scales as recommended by the Fourth Pay Commission 
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to the corresponding categories in the Central Government but more in 
the shape of interim reliefs which they had enjoyed during the period of 
interregnum between their original pay-scales and the new pay-scales. 
On behalf of the Co11>0ration it has been submitted that all the 
reliefs which its employees had earlier received, be it additional pay-
ment in the nature of interim relief in the sum of Rs.SO or Rs. 70 as the 
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case may be, or the reviSed interim pay-scale, pending adoption of the 
new scale recommended by the Fourth Pay Commission, would merge 
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into the new scale and they would have no entitlement to any additional 
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payment as any such differential treatment will be discriminatory and,,A-.~/ '"t· 
therefore, unsustainable. 
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Disposing of the Writ Petition, this Court, 
HELD: The overriding consideration behind the Order dated 
7 .2.1984 is that, as in the case of all Government employees, so in the 
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case of the Corporation employees, the new scales recommended by tb0 
Fourth Pay Commission should be fully implemented. Whatever may 
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be the amounts actually payable in terms of the interim reliefs, the 
984 
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WORKERS' UNION v. D.T.C [THOMMEN, J.] 
985. 
~ employees of the Corporation should neither be paid less nor more than 
the Government employees in the corresponding categoties. [989C] 
All employees, whether retained on the original pay-scale or 
placed on the revised interim pay-scale during the period preceding 
1.1.86, will be placed on the pay-scale adopted as per the recommenda-
tions of the Fourth Pay Commission in sucli a way that they will be 
fitted exactly in positions corresponding to their positions on the earlier 
)'>-- pay-scales. But the corresponding positions in the new pay-scales will 
naturally carry better emoluments, so as to maintain parity with the 
Government employees in like categories. We have no doubt that the 
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recommendations of the Fourth Pay Commission will be fully imple-
mented in terms thereof. [9890-E] 
ORIGINAL JURISDICTION: Writ Petition No. 320 of 1987. 
(Under Article 32 of the Constitution of India). 
Jitender Sharma for the Petitioners. 
Kapil Sibal, Ms. Tamali Das Gupta, Ms. J. Wad and Mi. 
R. Venkataramani (NP) for the Respondent. 
The Judgment of the Court was delivered by 
THOMMEN, J. This petition has been filed by the D.T.C. 
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Workers' Union and some its members. The main relief sought by 
them,-as contained in prayer (a), reads: 
"Issue a Writ of Mandamus or -Direction to the respondent 
the Delhi Transport Corporation to implement w .e.f. 
1.1.86 the recommendations of the Fourth Pay Commission 
as approved by the Government of India to the Ce;ntral 
Government employees as per the undertakings given to its 
empk>yees vide Office Order No. PLD-IX(465)/83/10589 
dated 15.9.1983 and DGM(IR)/84/93 elated 7.2.1984." 
The petitioners as well as the respondent, the Delhi Transport 
Corporation, rely heavily upon the Office Order No. DGM(IR)/84i90 
dated 7.2.1984 issued by the Deputy General Manager of the res-
pondent-Corporation, although they differ in their construction of 
what it contains. We shall, therefore, read the whole Order; 
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986 
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SUPREME COURT REPORTS 
[1991] 1 S.C.R. . 
" ...... Before Interim Relief was announced by the Cent-
...,. 
ral Government for its employees to be paid w.e

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