New Delhi Municipal Council vs P.P. Garg & Anr

The New Delhi Municipal Committee was constituted under the Punjab Municipal Act, 1911. It was later on renamed and reconstituted as the New Delhi Municipal Council by virtue of the New Delhi Municipal Council Ordinance notified on 25th May, 1994, which was later on replaced by the New Delhi Municipal Council Act, 1994 with effect from 5th July 1994. The work force of the New Delhi Municipal Council (hereinafter referred to as the 'NDMC' ) is divided between the Civil Engineering Department and the Electrical Wing. According to the NDMC, a Hot Mix Plant forms part of the Civil Engineering Wing of NDMC and in 1974 the post of Assistant Engineer (E & M) was created in the Hot Mix Plant. The role of the Assistant Engineer ( E & M) was confined to looking after the electrical and mechanical circuits of vehicles owned by the NDMC whereas Electrical Engineers working in the electricity wing were looking after the supply and distribution of electricity in the NDMC area. According to the NDMC, not only were the two posts different in terms of nature of duty and qualification, but they also belong to different departments and enjoy different pay-scales. The respondents in this appeal had been recruited as Mechanic (Auto) in the Auto Workshop of NDMC which is a part and parcel of the electricity establishment and were enjoying pay-scales as per the recommendations of the Shiv Shankar Committee. Subsequently, they were appointed to the post of Assistant Engineer (E & M), which according to the NDMC formed part of the Civil Engineering Wing having their independent seniority list, recruitment rules and pay-scales fixed in accordance with the recommendations made by the Pay Commission. Consequent upon their promotion to the post of Assistant Engineer ( E & M), the pay of the respondents was also refixed from the Shiv Shankar Committed pay-scale to the pay-scale recommended by the Pay Commission.

On 27th October, 1997, long after promotion to the post of Assistant Engineer ( E & M), the respondents filed Writ Petition No. 4805/1997 in the Delhi High Court inter alia for issuance of an appropriate writ to direct the NDMC to fix the pay of the respondents in the Shiv Shankar Committee pay- scale for their promotional post of Assistant Engineer ( E & M) with effect from the date of their respective promotions. By his judgment dated 21st August, 2003, the Single Judge of the Delhi High Court allowed the writ petition upon holding that since the auto workshop of the NDMC had been held by this Court to be part and parcel of the electricity establishment, the writ petitioners were entitled to receive the Shiv Shankar Committee pay-scale. An appeal, being L.P.A.No.34/2004, preferred by the appellant herein was dismissed by the Division Bench of the High Court by a very brief order upon holding that the contention of the appellant that on promotion the respondents were transferred to the Civil Wing could not be accepted as even after promotion they were working in the Auto Workshop itself, which forms part of the Electricity Wing. Mr. Rakesh Khanna, learned senior counsel appearing for the NDMC, repeated the stand taken on behalf of NDMC before the Delhi High Court. He admitted that the writ petitioners-respondents herein, had been appointed in the initial stage in the Auto Workshop of NDMC, which admittedly formed part of the Electrical Wing. The salaries of the writ petitioners were, therefore, fixed in the pay-scales as recommended by the Shiv Shankar Committee which had been accepted by the NDMC. Subsequently, however with the creation of the post of Assistant Engineer (E & M) in the Hot Mix Plant, the writ petitioners-respondents consciously accepted promotion to the post of Assistant Engineer (E & M) which was created in the year 1974 and formed part of the Civil Engineering Wing which had different sets of pay-scales fixed on the basis of the recommendations of the Pay Commission. After having enjoyed the said scale for about 10 years, the writ petitioners-respondents made a claim for fixation of their pay-scale according to the recommendations of the Shiv Shankar Committee pay-scale purportedly on the ground that since after promotion they were continued to be stationed in the Auto Workshop, which formed part of the Electrical Wing, they were entitled to the benefit of the Shiv Shankar Committee pay-scale.

In such circumstances, we see no reason to interfere with the decision of the High Court and the appeal is accordingly dismissed but without any order as to costs.