D R SRIVASTAVA Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The above two writ petitions have been filed by Legal Assistants and Junior Law Officers, working with respondent-DDA. The first writ petition being WP(C) 6637/2002 has been filed by four Legal Assistants, seeking implementation of the recommendations of Vth Pay Commission report and grant of pay scale of Rs. 6500-10500 to them with effect from 1st January, 1996. The second writ petition being WP(C) 5728/2003 has been filed by four Junior Law Officers, seeking implementation of the Vth Pay Commission Report and grant of pay scale of Rs. 7500-12000 to them w.e.f. 1st January, 1996.

(2.) Petitioners in first writ petition being WP(C) 6637/2002 state that the post of Legal Assistant, in the respondent authority was created in 1979. The pay scale was Rs. 425-700. This was revised to Rs. 550-900. The post of Legal Assistant was brought at par with the post of Superintendent in the office of respondent and made Group-B (Gazetted) post w.e.f 12th August, 1981 in terms of office order No. FE2(21)/70/Pt dated 21st February, 1984. The progression/revision in the pay scales of Assistant (non-selection), Superintendents (Non-Selection) and Legal Assistant selection is reproduced for facility of referrence in a tabulated from:- <FRM>JUDGEMENT_590_DRJ79_2005Html1.htm</FRM>

(3.) The grievance of the petitioners is that while implementing the Vth Pay Commission report, Legal Assistant being a selection post through direct recruitment and written test, has been placed in the pay scale of Rs. 5500-9000, while Superintendent (non-selection) having earlier the same scale have now been placed in the pay scale of Rs. 6500-10500. Petitioners claim that above action to be totally arbitrary and discriminatory inasmuch as after recommendations of the Vth Pay Commission, the pay scales of Assistant (Legal) in the Ministry of Law, Justice and Company Affairs who was in the pay scales of Rs. 2000-3500 was enhanced to Rs. 6500-10500.