INVESTIGATORS ASSOCIATION DDA Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) This writ petition has been filed by the Investigators Association in its representative capacity seeking to challenge denial of application of the principle of 'equal pay for equal work'.

(2.) It has been contended before me by the learned counsel appearing for the petitioners, Mr.S K Kaul, that the members of the petitioners has been discriminated in their scales of pay with Investigators called by different designations in various Department of the Central Government as well as Field Investigators serving with the respondent. It was contended that the petitioners were being paid in the initial pay scales of Rs.330-560 whereas Field Investigators with the respondent-Delhi Development Authority (for short 'DDA'), who were performing the same duties as that of the petitioners were in the pay scale of Rs.425-700/800. It was contended that for the purpose of preparing the Second Master Plan, advertisements were issued by the respondents from time to time for filling up the posts of Field Surveyors, Field Supervisors and Field Investigators. It was further contended that vide Resolution No.86 dated 21.8.1979 the recruitment rules for the purpose of Field Investigators were approved and appointments to the posts were made by direct recruitments. However, prior to this recruitment rules came into force, the posts of Field Investigators were in existence. Later on, the posts of Assistant Field Investigators created a disparity among the Field Investigators internally in terms of pay scales. The duties and responsibilities of the Investigators were not enunciated in the recruitment rules. It has been contended before me that nature and duties of the Field Investigators and Assistant Field Investigators were similar.

(3.) In the counter affidavit filed by the respondent, it has been admitted that the duties and responsibilities of the Investigators were not mentioned in the recruitment rules, however, respondent has denied that the responsibilities and duties are of similar nature. The stand of the respondent in the counter affidavit is that the work done by the Field Investigators was of high responsibilities as compared with the Assistant Field Investigators.