BAILIFFS AMNIS ASSOCIATION Vs. GNCT OF DELHI

JUDGEMENT

(1.) Petitioner No.1 is an association of Bailiffs/Amins in the Union Territory of Delhi. Petitioner No.2 is a Bailiff. They are before us because their claim of parity of pay with Patwaris has been negated by the Tribunal vide impugned order dated 16.4.2004 and OA No.2147/2003 filed by them has been dismissed.

(2.) Briefly noted the grievance of the petitioners arose out of Rule 75(5) of Delhi Land Reforms Rules, 1954 which directs that the post of bailiff is to be treated as Central Civil Service, Class IV post for all purposes.

(3.) The grievance of the petitioners was that the nature of their duties is akin to that of a Patwari and not any of the class IV post. It was highlighted that the cadre of Bailiffs and Patwaris was created in the year 1931 when pay scale of Bailiffs was Rs.35-1.50-40-1-50-2-60 and that of Patwaris was Rs.35-1-50. Later on the pay scale of Patwaris was enhanced and brought at par with that of Bailiffs and injustice was done to the Bailiffs in the year 1952 when pay scale of Patwaris was upgraded to Rs.85-2-120 while that of Bailiffs was fixed at Rs.80-1-85-2-95-3-110. Subsequently the pay scale of Patwaris was enhanced to Rs.260-350 but that of Bailiffs was enhanced to Rs.210-270. This distinction continued as and when Pay Commission recommended the revised pay scales. It was stated that the disparity continued and the gap widened as and when the recommendations of the Pay Commissions were implemented. As per the petitioners in the State of Uttar Pradesh and Andhra Pradesh Bailiffs are being paid salary in the same pay scale as the Patwaris. Further, petitioners claim that their department has conceded that the work of Patwaris and Bailiffs is near identical. In any case, petitioners urge that their work is much more onerous than Class IV employees i.e. Sweepers, Peons, Mazdoors, Helpers, Chowkidars, Malis and Unskilled workers.