BERJINDER SINGH Vs. LT GOVERNOR OF DELHI

JUDGEMENT

(1.) IN the Writ Petition (C) No.12205 of 2009, arguments were heard on 12.1.2012 and judgment reserved. Before judgment in that case could be delivered, Writ Petition (C) No.3570 of 2011 was also heard finally on 17.2.2012. Issue involved in this writ petition is identical as raised in the first petition. IN the first petition, the petitioner was appointed as Chairman of the Delhi Electricity Regulatory Commission (hereinafter referred to as ,,DERC). IN the second petition, the petitioner was appointed as Chairperson of Petroleum and Natural Gas Regulatory Board. There is a provision of fixation of pay contained in the Rules in both the regulatory bodies which inter alia provides that in case the Chairman or a Member appointed to these positions is in receipt of pension, the pay of such person is to be reduced by the gross amount of pension drawn by him. Both the petitioners have challenged the vires of this part of the Rule, as according to them, the normal pay to which Chairman of the respective bodies is entitled to should not be reduced and should be paid without any deduction in addition to the pension which they are drawing from their erstwhile departments where they earlier served. It is for this reason, we propose to decide both these writ petitions by common orders without any fear of contradiction, we can take note of the facts in the first petition, i.e., W.P.(C) No.12205/2009 as it is pure legal issue which needs to be determined.

(2.) FOR deciding the controversy raised in this writ petition, it is not necessary to take stock of the facts in detail. The petitioner has questioned the validity of 1st proviso of Rule 4 of the Delhi Electricity Regulatory Commission (Salary, Allowances and Other Conditions of Service of the Chairperson and Members) Rules, 2001 (hereinafter referred to as ,,the Rule 2001) on the ground that the said proviso is unconstitutional and ultra vires of Articles 14 and 16 of the Constitution of India. This Rule along with its proviso reads as under:

(3.) LEARNED counsel further argued that "equal pay to equal work" is a well established legal doctrine flowing directly from Article 14 of the Constitution. The principles inhering in Article 14 also spill over to, affect and mold Article 16(1) and 39(d). Equality before law, equal treatment under the law is the spirit which infuses the principle of equal opportunity in employment under State. Thus, Articles 14, 16(1) and 39 (d) are interlinked.