LexNARENDRA KUMAR AND ANR. ETC. versus DHARAM DUTT AND ANR. ETC.
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NARENDRA KUMAR AND ANR. ETC. A v. DHARAM DUTT AND ANR. ETC. MARCH 17, 1993 [KULDIP SINGH AND N.M. KASLIWAL, JJ.] B Constitution of India, Article 39(d)-'Doctrine of equal pay for equal work'-/mplementation of-Shiv Shankar Committee's pay scales-Extension of to New Delhi Municipal Committee staff-Technical staff in electricity wing and the ministerial staff in general wing, electricity wing and water works wing c granted benefit-Employees in other sections, department~ether entitled to equal pay. ~ The New Delhi Municipal Committee by its resolution dated 19.10. 1973 extended the benefit of higher pay scales recommended in the Shiv Shankar Committee Report, to its staff working in the electricity wing. D Following this, the employees working in the general wing of the NDMC also raised demand for granting them the benefit of those pay scales. In the meantime, by its resolution dated 27.6.1978 the NDMC constituted, with effect from 1.5.1978, the electricity wing composed of 28 technical and 496 ministerial posts and decided to give all of them scales of pay as per E S.S. Committee's Report. In the writ petitions filed in the High Court the ~ ..... - --( ministerial staff failed to receive full relief. ,. This Court in R.D. Gupta & Ors. etc. v. Lt. Governor, Delhi Ad- ministration & Ors. etc., [1987] 3 SCR 808 found that the entire ministerial - staff in the NDMC constitutes a unified cadre. The ministerial posts in ,the F general wing, the electricity wing and the water works wing are interchan- geable posts and postings are made from the common pool according to administrative convenience and exigencies of service and not on the basis of any distinct policy or special qualifications. It was thus held that all sections of the ministerial staff should be treated alike and all of them were entitled to the same scales of pay for the work of equal nature done G by them. ).._ In order to extend the benefit of R.D. Gupta's case, the NDMC by its ~ order dated 9.6.1988, revised the pay scales of 18 categories of employees who constituted 496 posts forming the electricity cell. By another order H 413 414 SUPREME COURT REPORTS f1993) 2 S.C.R. A dated 27.7.1988 the NDMC extended the benefit of S.S. Committee's scales to eight allied categories of sweepers, subsequently, all the drivers of the NDMC were extended benefit of R.D. Gripta's case. B On the question: whether the petitioners fall within the cadre of ministerial staff or fall in similar cadres which have already been granted the benefit of S.S. Committes's pay scales, Dispo~ing of the wrifpetitions, the Court, HELD: 1. There is no valid justification for discriminating the employees of the Auto Worksllop which forms a part and parcel of the C electricity wing of the NDMC, since the benefit of the pay scales recom· mended by the S.S. Committee has been allowed by the NDMC to the 18 categories of employees which include daftry, peon, chowkldar, sweeper etc. [422D-E] D 2. The NDMC having allowed the benefit of S.S. Committee's scales to rat catchers and dog catchers vide order dated 27. 7:1988, there is no valid justification for denying such benefit to duplicating machine operators and gunmen/dog shooters. There is. nQ essential difference in the job work done by gunmen/dog shooters. The post of duplicating machine operators in trasferable and interchangeable from other class IV E employees of the NDMC who have already been granted benefit of S.S. F G Committee's pay scales vi de order dated 9.6.1988. [ 422E] 3. Both the posts of Junior Technical Assistant (Hindi) and Assistant Store-Keeper are such posts which clearly fall within the ministerial cadre. They are thus entitled to the benefit of S.S. Cotnmittee's scales. [423B] 4. The benefit of S.S. Committee's pay scales having already been extended to the pump drivers in the electricity wing, there is no valid ground or justification to deny such benefit to the pump drivers working in the water supply, horticulture·and civil wings of NDMC. [423C] • 5. The employees of Junior ~bvyug School run by NDMC fall in a different cadre altogether and·as such cannot claim the benefit of S.S. Committee's pay scales on the basis of R.D. Gupta's judgment. Their posts are not interchangeable or transferable from any other post under the NDMC. The nature and the duties performed by them are totally different H and they cannot be granted the benefit of the S.S
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