SH. BABU LAL, CONVENOR AND ANR. versus NEW DELHI MUNICIPAL COMMITIEE AND ANR.

Citation: [1994] SUPP. 1 S.C.R. 576 · Decided: 13-07-1994 · Supreme Court of India · Bench: KULDIP SINGH, S.C. AGRAWAL · Disposal: Appeal(s) allowed
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Judgment (excerpt)

A 
SH. BABU LAL, CONVENOR AND ANR. 
v. 
NEW DELHI MUNICIPAL COMMITIEE AND ANR. 
JULY 13, 1994 
B 
(KULDIP SINGH AND S.C. AGARWAL, JJ.] 
Service Law : Equal pay for equal work-New Delhi Municipal Com-
mittee-Storm Water Drains Beldars and Storm Water Drains Mates-Claim 
for pay scale on par with other class-IV employees of the Committee who are 
C similarly situated and doing similar work-Held entitled to the same pay scale 
but prospectively. 
Constitution of India, 1950: Articles 14, 16, 39( df--Equal pay for equal 
work-New Delhi Municipal Committee-Storm Water Drains Beldars and 
Storm Water Drains Mates-Claim for parity in pay and allowances on par 
D with other Class-IV employees similarly situated and doing similar 
work-Held·entitled to. 
The petitioners, Clas•·IV employees, working as Storm Water 
Drains Beldars (SWD Beldars) and Storm Water Drains Mates (SWD 
E Mates) under the Respondent Committee claimed that they were entilltd 
to the pay scales recommended by the Shiv Shanker Committee for the 
technical staff of Delhi Electric Supply Undertaking (DESU) and made 
applicable to the other employees of the Respondent Committee more 
particularly the class-IV employees, who are similarly situated, doing same 
or similar work and belong to the same similar cadres. 
F 
·Allowing the writ petition, this Court 
HELD : 1.1. The action of the NDMC in denying the SS Committee 
pay scales to the petitioners Is arbitrary, discriminatory and Is violative 
G or Articles 14 and 16 of the Constitution of India. [583-E-F] 
1.2. It Is no doubt correct that the SS Committee did not make any 
recommendation In respect of class-IV employees of the NDMC. The SS 
Committee made Its recommendations only In respect of the technical staff 
of DESU but the NDMC on its own extended the SS Committee pay-scales 
H not only to the ministerial staff but also to class-IV employees working in 
576 
BABU LAL v. N.D.M.C. [KULDIP SINGH, J.) 
577 
Its electricity wing. [580-F] 
A 
l.3. A "Beldar" Is essentially a Safal Karamchari. There are beldars 
under different nomenclature In the service of the NMDC. Beldars, Sewer· 
man and Sweepers. by whatever name they may be called are part of the 
sanitary staff of the NDMC. They all belong to class-IV service and there 
can be no jnstlficatlon in classifying some of them for better treatment. 
B 
[581-A] 
R.D. Gupta & Ors. etc. v. Lt. Governor, Delhi Administration & Ors. 
etc. [1987] 3 S.C.R. 808 and Narendra Kumar & Anr. v. Lt Governor, Delhi 
Administration & Ors., W.P. (C) No. 3 of 1990, relied on. 
2. NDMC and the Deihl Administration are directed to grant the 
.benefit of SS Committee pay scales to the Storm Water Drain~ Beldars 
and Storm Water Drains Mates with effect from April, 1,1994. [583-G] 
ORIGINAL WRIT JURISDICTION : Writ Petition (Civil) No. 895 
c 
~~ 
D 
Under Article 32 of the Constitution of India. 
R.C. Pathak for the Petitioners. 
S.B. Wad, R.K. Maheshwari and Vineet Maheshwar for the Respon-
E 
dents. 
The Judgment of the Court was delivered by 
KULDIP SINGH, J. This petition under Article 32 of the Constitu-
tion of India is sequel to the judgments of this Court in R.D. Gupta & Ors. 
F 
etc. v. Lt Governor, Delhi Administration & Ors. etc., [1987] 3 SCR 808 and 
Narendera Kumar & Anr. v. Lt. Governor, Delhi Administration & Ors., Writ 
Petition (Civil) No. 3 of the 1990 decided on March 17, 1993. The petition 
is on behalf of the Storm Water Drains Beldar (SWD Beldars) and Storm 
Water Drains Mates (SWD Mates) who are class IV employees in the 
service of the New Delhi Municipal Committee (NDMC). The short ques· G 
lion for our consideration is whether. the SWD Beldars and SWD Mates 
are entitled to the pay-scales recommended by the Shiv Shankar Commit· 
tee (the SS Committee)? The SS Committee pay-scales are claimed by the 
petitioners on the ground that the said pay-scales have already been 
granted to class IV employees of the NDMC who are similarly situated, H 
578 
SUPREME COURT REPORTS [1994) SUPP.1 S.C.R. 
A 
doing the same/similar work and belong to the same/similar cadres. 
B 
c 
It is not necessary to go into the factual details as the same have been 
covered in R.D. Gupta's case and Narender Kumars' case (supra). The 
technical staff of the Delhi Electric Supply Undertaking (DESU) were not 
satisfied with the pay-scales granted as a result of the recommendations of 
the Third Pay Commission and they demanded higher pay-scales. The 
Government, therefore, constit
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