LexNEW DELHI MUNICIPAL COUNCIL versus P.P. GARG AND ANR.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
A NEW DELHI MUNICIPAL COUNCIL v. P.P. GARG AND ANR. FEBRUARY 20, 2007 B [DR. AR. LAKSHMANAN AND AL TAMAS KABIR, JJ.] Service Law: Pay Scale-NDMC-Mechanics (Auto)-Appointed as Assistant C Engineer (E & M )--Continued to work in Auto workshop-As Mechanic (Auto) drawing pay scale as per Shiv Shankar Committee Report-But on being posted as Assistant Engineer ( E & M) granteJ pay scale according to Pay Commission Report-Claim for pay-scale as per Shiv Shankar Committee Report-Held, employees even after their promotion as Assistant D Engineers (E & M) having been posted and continued in Auto Workshop which forms part of Electrical Wing of NDMC are entitled to Shiv Shankar Committee pay scale-New Delhi Municipal Council Act, 1994. Respondents were recruited as Mechanics (Auto) in the Auto Workshop of appellant-NDMC. They were getting the pay scale as per Shiv Shankar E Committee Report. Subsequently they were appointed as Assistant Engineers ( E & M ), which according to the appellant formed part of Civil Engineering Wing, in the pay scale recommended by the Pay Commission. The respondents filed writ petitions before the High Court claiming Shiv Shankar Committee pay scale on the ground that they had all along been working in the Auto }- F Workshop Department of the NDMC and were retained in Auto Workshop after promotion to the post of Assistant Engineer ( E & M ). The NDMC ,>-- c?ntested the writ petition stating that its work force was divided between the Civil Engineering Department and the Electrical Wing. Though the respondents were initially recruited as Mechanic (Auto) in Auto Workshop pay-scales wherein were governed by Shiv Shankar Committee Report, they G were subsequently posted as Assistant Engineers ( E & M) ill the Hot Mix Plant in the Civil Engineering Wing which had its independent seniority list, recruitment rules and pay-scales fixed in accordance with the recommendations made by the Pay Commission, and, as such, they were not entitled to pay scale as per Shiv Shankar Committee. The single Judge.ofthe H 846 NEW DELHI MUNICIPAL COUNCIL v. P.P. GARG [ALTAMAS KABIR, J.] 847 High Court allowed the writ petition. The writ appeal of NDMC having been A dismissed by the Division Bench of the High Court, it filed the present appeal Dismissing the appeal, the Court HELD: Except for a bald statement that the post of Assistant Engineer (E & M) had been created in the Hot Mix Plant, which was a part of the Civil B Wing ofNDMC, there is no other corroborating evidence to support the said statement of the NDMC. Nothing has been shown on behalf of NDMC to ~ establish the stand taken on its behalf that the posts in question had, in fact, been created in the Hot Mix Plant or that the same formed part of the Civil Wing. In the circumstances, the High Court was justified in arriving at the C conclusion that since the respondents/writ-petitioners, even after their promotion to the post of Assistant Engineers ( E & M), had been posted and continued to work in the Auto Workshop, which forms a part of the Electrical Wing of the NDMC, they were entitled to the Shiv Shankar Committee pay- scale. (Para 11) [851-B-D) r R.D. Gupta v. Lt.Governor, Delhi Admn. & Ors., (1987) 4 SCC 505, held inapplicable. D CIVIL APPELLATE JURISDICTION : Civil Appeal No. 864 of 2007. · From the final Judgment and Order dated I5.2.2005 of the High Court E of Delhi at New Delhi in L.P.A. No. 34/2004. Rakesh K. Khanna, Surya Kant, Rashmi Khanna and Jahanvi Warah for the Appellant. Inderjeet Swaroop, Prem Kumar and Manjeet Chawla for the F Respondents. The Judgment of the Court was delivered by ALT AMAS KABIR, J. 1. Leave granted. G 2. The New Delhi Municipal Committee was constituted under the Punjab Municipal Act, 1911. It was later on renamed and reconstituted as the New Delhi Municipal Council by virtue of the New Delhi Municipal Council Ordinance notified on 25th May, 1994, which was later on replaced by the New Delhi Municipal Council Act, 1994 with effect from 5th July 1994. The H 848 SUPREME COURT REPORTS (2007] 2 S.C.R. A work force of the New Delhi Municipal Council (hereinafter referred to as the ~+ \... 'NDMC') is divided between the Civil Engineering Department and the Electrical Wing. According to the NDMC, a Hot Mix Plant fonns part of the Civil Engineering Wing ofNDMC and in 1974 the post of Assistant Engineer (E & M) was created in the Hot Mix Plant. The role of
Excerpt shown. Read the full judgment & AI analysis in Lexace.