RAJESH KUMAR AND ORS. Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Leave granted. There are four Appellants in this appeal who are working as Stenographers in the Delhi Development Authority (DDA). They were appointed in the pay-scale of Rs. 1200-30-1560-EB-40-2040. They claimed the higher pay-scale of Rs. 1400-40-1800-EB-50-2300 from December 1990 on completion of three years of their service. The DDA, however, allowed them the higher scale of pay only in the year 1995 only after they qualified the test at the speed of 100 wpm in shorthand and 40 wpm in typing in terms of its office order dated September 2, 1994. Aggrieved by the decision of the DDA and the denial of the higher pay-scale from December, 1987, the Appellants moved the Delhi High Court in a Writ Petition which, on formation of the Central Administrative Tribunal was transferred to it and was registered there as TA No. 77 of 2007.

(2.) It needs to be stated here that earlier in a Writ Petition being W.P. (Civil) No. 2518/1991 (Gulzari Lal Verma v. DDA), the Delhi High Court had passed an interim order staying operation of the office order of the DDA bearing Establishment No. 5024 dated December 19, 1991 by which it reversed its earlier decision and directed that the revised scale of Rs. 1400-2300 will not be sanctioned on completion of three years of service to such of the stenographers who were recruited on or after 1.1.1987.

(3.) When the application of the Appellants came up for hearing before the Tribunal, the interim order passed by the Delhi High Court was in operation and the Tribunal held that the benefit and protection of the interim order of the Delhi High Court was equally available to the Appellants. It, therefore, by its order dated May 21, 2008 allowed the Appellants' claim for grant of the higher scale of pay on completion of three years of service and directed the DDA to pay them their salary in the higher pay-scale along with arrears subject, however, to the final decision by the High Court in the case of Gulzari Lal Verma.