NEW DILHI MUNICIPAL COUNCIL Vs. P P GARG

JUDGEMENT

(1.) Leave granted.

(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 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 forms part of the Civil Engineering Wing of NDMC and in 1974 the post of Assistant Engineer (E & M) was created in the Hot Mix Plant. The role of the Assistant Engineer ( E & M) was confined to looking after the electrical and mechanical circuits of vehicles owned by the NDMC whereas Electrical Engineers working in the electricity wing were looking after the supply and distribution of electricity in the NDMC area. According to the NDMC, not only were the two posts different in terms of nature of duty and qualification, but they also belong to different departments and enjoy different pay- SCALE s.

(3.) The respondents in this appeal had been recruited as Mechanic (Auto) in the Auto Workshop of NDMC which is a part and parcel of the electricity establishment and were enjoying pay- SCALE s as per the recommendations of the Shiv Shankar Committee. Subsequently, they were appointed to the post of Assistant Engineer (E & M), which according to the NDMC formed part of the Civil Engineering Wing having their independent seniority list, recruitment rules and pay- SCALE s fixed in accordance with the recommendations made by the Pay Commission. Consequent upon their promotion to the post of Assistant Engineer ( E & M), the pay of the respondents was also refixed from the Shiv Shankar Committed pay- SCALE to the pay- SCALE recommended by the Pay Commission.