P P GARG Vs. N D M C

JUDGEMENT

(1.) Rule. This writ petition has been filed by the petitioners on the ground that petitioner No. 1 was promoted to the post of Assistant Engineer on 24.9.1987 and petitioner No. 2 was prompted on 10.2.1986 to the post of Assistant Engineer (Electrical & Mechanical) and both were posted at Auto Workshop of the respondent/NDMC. It is the case of the petitioners that NDMC Workshop Employees Association filed a CWP No. 1/90 in the Supreme Court of India for grant of Shiv Shankar scales and the said petition was decided on 17th March, 1993. In this petition, petitioners have prayed that their pay scales be fixed on the basis of Shiv Shankar Committee Report.

(2.) Mr. Amit Bansal, learned Counsel for the respondent/NDMC has contended that the post of Assistant Engineer (Electrical & Mechanical) in the NDMC was on the strength of Civil Engineering Department of the NDMC and, therefore, the petitioners were not entitled to the benefit of Shiv Shankar pay scales while working at the post of Assistant Engineer (Electrical & Mechanical). It is the case of the respondent that petitioners knowingly and willingly accepted the promotion to the post of Assistant Engineer (Electrical & Mechanical) covered under the pay scales of 5th Central Pay Commission fully aware that the said post falls in the Civil Engineering Department of the respondent and the same was not covered under Shiv Shankar pay scales. It was further contended that merely because the petitioners were posted to Auto Workshop that post would not be a post under Auto Workshop and that remains with the Civil Engineering Department. It was contended that the petitioners were posted in the Hot Mix Plant of NDMC which post falls under Civil Engineering Department. It was further contended that Supreme Court did not grant Shiv Shankar pay scale to all categories of the employees of the Auto Workshop. Reliance was placed by the Counsel for the respondent upon R.D. Gupta & Ors. v. Lt. Governor, Delhi Admn. & Ors., (1987) 4 SCC 505.

(3.) On the other hand, Mr. Shiv Dayal, learned Counsel for the petitioners has contended that the petitioners were working in the post of Assistant Engineer (Electrical & Mechanical) in the NDMC Auto Workshop. That fact has been admitted by the respondent in para 3 of the preliminary objection in the counter affidavit. It was contended by Mr. Dayal that the Assistant Engineers in the Electricity Wing of the NDMC are being paid according to Shiv Shankar pay scales. It was further contended that Auto Workshop of the NDMC formed part and parcel of the Electricity Wing of the NDMC and in this connection my attention was drawn to para 3 of the counter affidavit on merit filed by the respondents whereas respondent on the basis of the judgment of the Supreme Court has admitted that Auto Workshop forms part and parcel of the Electricity Wing of the NDMC. It was contended that Assistant Engineers (Electrical & Mechanical) of the Auto Workshop of the NDMC must be paid according to Shiv Shankar scales as has been paid to the Assistant Engineers in the Electricity Wing of the NDMC. Countering the arguments of the respondent that the post of Assistant Engineer (Electrical & Mechanical) was on the Budget Book showing schedule of the establishment of the Civil Engineering Department, it was contended that even if the post is shown on the Civil Engineering Department, the fact that the petitioners were Electrical & Mechanical Engineers, they cannot be equated with the Civil engineers. It was contended that an Engineer who possesses a degree of Electrical or Mechanical Engineering is not qualified to work as a Civil Engineer.