ANIL KUMAR Vs. GOVT OF NCT OF DELHI

JUDGEMENT

(1.) Rule. With the consent of counsel appearing for the parties the matter is taken up for final arguments.

(2.) By way of this common order the writ petitions bearing No.6029/2002 and 4051/2002 are being disposed of. By way of writ petition bearing WP(C) No. 6029/2002 the petitioners have challenged the validity of office order dated 21.06.2002 passed by respondent No.2 whereby the respondents have cancelled the revision of pay scales of the petitioners from Rs.3050-4590 to Rs.4000-6000/- with retrospective effect and by way of writ petition bearing WP(C) No. 4051/2002 the petitioners have challenged the validity of office order dated 21.06.2002 and 06.06.2002 passed by respondent No.2 whereby the respondents have cancelled the revision of pay scales of the petitioners from Rs.4000-6000/- to Rs.5000-8000/- with retrospective effect.

(3.) The brief facts of the case, inter alia, are that five petitioners in WP(C) No.6029/2002 were holding the posts of Electricians and three petitioners in WP(C) No. 4051/2002 were holding the posts of Work Assistant (Civil) with respondent No.2, ie., Delhi Energy Development Agency, an autonomous body. This agency of the Government had declared the present petitioners as surplus on account of abandonment of its various activities and a decision was taken at the Government level to send these surplus employees of the DEDA to the service department of Government of NCT for their onward redeployment in various other Government departments under the control and power of Government of NCT of Delhi. Vide order dated 06.06.2002 the Government of NCT of Delhi had directed the redeployment of the petitioners and other surplus staff on various posts to the other Government departments on the pay scales as mentioned in the said order from the date of their being declared surplus in accordance with the provisions of the CCS (Redeployment of Surplus Staff) Rules, 1990. In the said order it is indicated that before the redeployment of the petitioners and other surplus staff the past services rendered by them prior to their redeployment shall not be counted towards seniority in the posts on which they were redeployed with various departments of Government of NCT of Delhi. It was also indicated that as regards other service departments, these redeployed employees will be treated as appointed by transfer in the public interest. Prior to the said order dated 06.06.2002 directing redeployment of the petitioners and other surplus staff members with various other Government departments, Delhi Energy Development Agency vide order dated 26.04.2002 had revised the pay scales of these petitioners of W.P.(C) No.6029/2002 from Rs.3050-75-3950-80-4590 to Rs. 4000-100-6000 and of WP(C) No.4051/2002 from Rs.4000-100-6000 to Rs.5000-150-8000 in accordance with the recommendation of 5th Pay Commission with retrospective effect, i.e., 01.01.1996. This revision of pay scales was withdrawn and cancelled by respondent No.2 vide orders dated 21.06.2002 and the said orders of cancellation is under challenge in the present writ petitions.