BABU LAL CONVENOR Vs. NEW DELHI MUNICIPAL COMMITTEE

JUDGEMENT

(1.) This petition under Article 32 of the Constitution of India is sequel to the judgments of this Court in R. D. Gupta v. Lt. Governor, Delhi Administration (1987) 3 SCR 808 and Narendra Kumar v. Lt. Governor, Delhi Administration, Writ Petition (Civil) No. 3 of 1990 decided on March 17, 1993. The petition is on behalf of the Storm Water Drains Beldars (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 question for our consideration is whether the SWD Beldars and SWD Mates are entitled to the pay-scales recommended by the Shiv Shanker Committee (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, doing the same/ similar work and belong to the same/ similar cadres.

(2.) It is not necessary to go into the factual details as the same have been covered in R. D. Gupta's case (supra) and Narender Kumar's 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, constituted the SS Committee to go into the question of revision of pay scales of the technical staff of DESU. The higher pay-scales recommended by the SS Committee were allowed to the technical staff of DESU. Later on, the DESU considered the demand of its ministerial staff and revised their pay-scales also on the parity of the technical staff. Thereafter, the NDMC also allowed the benefit of pay-scales as recommended by the SS Committee to its ministerial staff working in the electricity wing. The ministerial staff working in other departments of NDMC challenged the action of the NDMC in not extending the SS Committee pay-scales to them and this Court in R.D. Gupta's case (supra) held that all the ministerial staff working in the NDMC are entitled to get pay-scales recommended by the SS Committee. It was held that the grant of SS Committee pay-scales only to the ministerial staff working in the electricity wing could not be legally sustained as it suffered from the vice of discrimination.

(3.) The NDMC in its meeting dated June 9, 1988 resolved as under:-