SATISH SAINI Vs. MCD

JUDGEMENT

(1.) Writ petitions in the 6 captioned petitions epitome a similar story and therefore must have a common epitaph. All writ petitioners hold Class IV posts under the Municipal Corporation of Delhi. In February 1999, the Municipal Corporation of Delhi (MCD) proposed to levy Toll Tax on all commercial vehicles entering the Municipal Limits of M.C.D. The proposal was implemented.

(2.) Persons were needed to collect the Toll Tax. Pending creation of permanent posts and thereafter filling the same on permanent basis, MCD resolved to divert some of its existing employees to carry out and perform various duties connected with levy and recovery of Toll Tax. From different departments of MCD persons were posted in the Toll Tax Department in 'diverted capacity'.

(3.) Petitioners who were working as Class IV employees in different departments of MCD were transferred and posted in the Toll Tax Department in diverted capacity and were designated as Toll Tax Collectors. In the orders, posting the petitioners in diverted capacity as Toll Tax Collectors, following was stipulated:-