DHARAM PAL Vs. DELHI HIGH COURT

JUDGEMENT

(1.) The petitioners, working as peons and Ushers in the Delhi High Court, seek directions to quash the Office Orders dated 16.4.2004 and 14.5.2004 issued by the first respondent, the Delhi High Court ("DHC") and the Report dated 18.7.2009 of the Committee constituted by the Hon'ble Chief Justice, DHC on 1.7.2009 to consider their grievances. They claim a writ of mandamus directing the DHC to fix their pay at the pay scale which existed at the time of implementation of the recommendations of the 5th Pay Commission ("5th PC") i.e. Rs. 3200-4900/-, and, further a writ of mandamus directing the DHC to grant the benefit of the Assured Career Progression Scheme ("ACP") in the hierarchy as it existed when the 5th PC recommendations came into effect. The second respondent is the Union of India, through the Secretary, Ministry of Law and Justice, responsible for granting sanction to revised pay scales as proposed by the first respondent, the DHC.

(2.) The Petitioners were appointed as Ushers, Court Attendants, Gestetner Operator Grade II, Security Attendant, Lawn Attendant, Library Attendant, Sweeper and Farash in the establishment of the DHC.W.P.(C) 3464/1990 was filed before this Court, in 1990 by an Usher in a representative capacity for grant of higher pay scale. By judgment dated, 4.11.1991, that petition was allowed and the 4th Pay Commission pay scale recommendations were directed to be implemented for Class IV employees. Thus, all Class IV employees of this Court were placed in the pay scale of Rs. 975-1660/-. Subsequently, an application, C.M. 3715/1993 was filed by some Ushers, Daftries and Book Binders, seeking modification of the judgment in W.P.(C) 3464/1990, on the ground that parity of pay ought to be ensured between the employees of the High Court and the Supreme Court. The Court allowed the application and directed by order dated 10.12.1993, that the following pay scales be implemented for those posts: <FRM>JUDGEMENT_1810_ILRDLH24_2014_1.html</FRM>

(3.) The 5th PC recommendations were made effective on 1.1.1996 by which all Group D employees (Court Attendants, Ushers, Sweepers, Daftries, Book Binders, law attendants, library attendants etc.) were put on the pay scale of Rs. 3200-4900/-. This apparent merger of pay scale for all Group D employees into a single scale was, however, not challenged by the Petitioners.