LexR.D. GUPTA & ORS. ETC. versus LT. GOVERNOR. DELHI ADMN. & ORS. ETC.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
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B
c
D
E
R.D. GUPTA & ORS. ETC.
v.
LT. GOVERNOR. DELHI ADMN. & OR
0S. ETC.
AUGUST 7. 1987
(0. CHINNAPPA REDDY AND S. NATARAJAN, JJ.]
Civil Services-Pay Scales-Rates recommended for DESU
employees-Whether can be made applicable to NDMC employees--
Ministerial staff-All sections-To be treated a/ike--Entitlement to
same pay scales-Civil engineers in Electricity wing-Whether can
claim parity with electrical engineers.
In the Union Territory of Delhi there are two main civic bodies
viz. the New Delhi Municipal Committee and the Delhi Municipal
Corporation. The NDMC was constituted under the Punjab Municipal
Act, 1913 to discharge all civic functions including supply of water and
electricity in the area falling within its jnrisdiction. The Delhi Munici-
pal Corporation was constituted in pursuance of the Delhi Municipal
Corporation Act, 1957.
The NDMC forming a compact unit, had divided its civic work
into various departments. Besides technical staff, it also engaged non-
technical staff such as Municipal staff, clerks etc. The non-technical
staff constituted one unified cadre, liable to transfer from one depart-
ment to another with common seniority.
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The set up of the MCD was, however, different consisting of three
separate and independent wings viz. the electricity, the general and the
water, sewage and disposal wings. The electricity wing was designated
as the Delhi Electricity Supply Undertaking and its employees were
governed by a separate cadre and seniority list. Similarly, the general
wing, performing other general civic duties and functions, and the third
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wing concerning with distribution of water and disposal of sewage etc.
).
To satisfy the demands of the employees of the MCD, NDMC etc.
the Government accepted the recommendations of the Third Pay
Commission. The New Delhi Municipal Committee as well as the
general wing of the Municipal Corporation, Delhi accepted the pay
H scales recommended by the Third Pay Commission. However, the tech-
808
R.D. GUPTA v. LT. GOVERNOR
809
nical staff of Delhi Electric Supply Undertaking were not satisfied and
claimed higher scales of pay. The Government, therefore, constituted a
Committee known as the Shiv Shankar Committee to go into the ques-
tion ofrevision of pay scales etc. of the technical staff of the DESU. The
Committee submitted its report in 1973. Subsequently, the DESU
agreed to revise the pay scales of the non-technical staff also to the level
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recommended by the S.S. Committee.
The New Delhi Municipal Committee, by its Resolution dated
19.10. 73, decided to give the benefit of the revised scales to the technical
and ministerial staff working in its electricity wing as, in its view, such
staff were performing same or similar functions and duties performed
by the staff of DESU and hence parity should be maintained, and by
Resolution dated 7.1.1974, it decided to give the benefit with effect from
1.4. 72.
A
B
c
Two of the employees of the general wing filed a writ petition
before the High Court for quashing the Resolution dated 7 .1.197 4
which sought to implement the earlier Resolution of 19.10.1973. The
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Higli' Court held that the Resolution was discriminatory in nature, and
restrained the implementation of the Resolution till the NDMC con-
sidered afresh the question of revision of pay scales for all sections of the
ministerial staff after giving an opportunity to them.
In compliance with the above directions, the NDMC passed a
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revised Resolution dated 25.6.1975 treating all the non-technical staff
as equal and granting uniform pay scales at the rates recommended by
the Third Pay Commission and not at different rates for different
wings. This Resolution was again challenged by some of the affected
members of the electricity wing before the High Court, which disposed
it of on the assurance given by the NDMC that the whole position would
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be reviewed after giving all the parties including the ministerial staff of
the electricity wing due notice of the matter.
The Letters Patent Appeal, originally filed hy the NDMC, and in
which some of the affected employees of the electricity wing had got
-{ themselves impleaded as appellants, was allowed and the judgment of G
the Single Judge was set aside as it had been rendered without all the
necessary parties being before the Court. The Special Leave Petition
filed in the Supreme Court hy two staff members of the general wing
was dismisseExcerpt shown. Read the full judgment & AI analysis in Lexace.