KALI CHARAN Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Writ Petition (C) No.1513/2000 has been filed by three Assistant Engineeers ('AEs') of the Delhi Development Authority ('DDA'), Respondent No.1 herein, seeking directions to restrain the DDA from effecting recoveries from the petitioners consequent to a purported refixation of their pay by the impugned Order dated 6.3.2000. On 25.4.2000, this Hon'ble Court passed an interim order restraining the DDA from effecting recoveries and this was confirmed on 14.3.2005 when Rule was issued.

(2.) During the pendency of the writ petition, petitioner No.2 Shri Mohammed Imamuddin died and by an order dated 18.5.2004 his legal representatives were brought on record. It may also be mentioned that by an order dated 19.11.2001 the petitioners were permitted to amend the writ petition to seek a direction to the Respondents "to effect fixation of the petitioners respective pay by giving a benefit of the provision of FR 22(I)(a)(1) with effect from the due date."

(3.) The facts in brief are that Petitioners 1, 2 and 3 were appointed as Junior Engineers (JEs) in the DDA in the grade of Rs.425-Rs.700 on 20.2.1980, 7.1.1980 and 19.2.1980 respectively. On completing 5 years" service, i.e. from 1.1.1986, the petitioners were entitled to grant of a higher grade. By an order dated 21.5.1993 issued by the DDA, the petitioners were granted the higher grade of Rs.1640-Rs.2900 from 1.1.1986. Consequently the pay of petitioners 1,2, and 3 was fixed as Rs.2120 with effect from 1.2.1993, 1.1.1993 and 1.2.1993 respectively. This stepping up of the pay was, according to the petitioners in accordance with Fundamental Rule (FR) FR 22 (I)(a)(1). This meant that the pay was revised with effect from 1.1.1986 to Rs. 1,640 and then from the very next month i.e. from 1.2.1986, it was stepped up by one increment of Rs. 60 to Rs.1,700 and thereafter every year by Rs.60 till 1.2.1993.