SH. BABU LAL, CONVENOR AND ANR. v.

NEW DELHI MUNICIPAL COMMITIEE AND ANR.

JULY 13, 1994

(KULDIP SINGH AND S.C. AGARWAL, JJ.]

Service Law : Equal pay for equal work-New Delhi Municipal Committee-Storm Water Drains Beldars and Storm Water Drains Mates-Claim for pay scale on par with other class-IV employees of the Committee who are C similarly situated and doing similar work-Held entitled to the same pay scale but prospectively.

Constitution of India, 1950: Articles 14, 16, 39( df--Equal pay for equal work-New Delhi Municipal Committee-Storm Water Drains Beldars and Storm Water Drains Mates-Claim for parity in pay and allowances on par D with other Class-IV employees similarly situated and doing similar

work-Heldentitled to.

The petitioners, Clas•IV employees, working as Storm Water Drains Beldars (SWD Beldars) and Storm Water Drains Mates (SWD E Mates) under the Respondent Committee claimed that they were entilltd

to the pay scales recommended by the Shiv Shanker Committee for the technical staff of Delhi Electric Supply Undertaking (DESU) and made applicable to the other employees of the Respondent Committee more particularly the class-IV employees, who are similarly situated, doing same or similar work and belong to the same similar cadres.

Allowing the writ petition, this Court

HELD : 1.1. The action of the NDMC in denying the SS Committee pay scales to the petitioners Is arbitrary, discriminatory and Is violative G or Articles 14 and 16 of the Constitution of India. [583-E-F]

1.2. It Is no doubt correct that the SS Committee did not make any recommendation In respect of class-IV employees of the NDMC. The SS Committee made Its recommendations only In respect of the technical staff of DESU but the NDMC on its own extended the SS Committee pay-scales H not only to the ministerial staff but also to class-IV employees working in 576

Its electricity wing. [580-F] A

l.3. A "Beldar" Is essentially a Safal Karamchari. There are beldars under different nomenclature In the service of the NMDC. Beldars, Sewer man and Sweepers. by whatever name they may be called are part of the sanitary staff of the NDMC. They all belong to class-IV service and there can be no jnstlficatlon in classifying some of them for better treatment.

[581-A]

R.D. Gupta & Ors. etc. v. Lt. Governor, Delhi Administration & Ors. etc. [1987] 3 S.C.R. 808 and Narendra Kumar & Anr. v. Lt Governor, Delhi Administration & Ors., W.P. (C) No. 3 of 1990, relied on.

2. NDMC and the Deihl Administration are directed to grant the .benefit of SS Committee pay scales to the Storm Water Drain~ Beldars and Storm Water Drains Mates with effect from April, 1,1994. [583-G]

ORIGINAL WRIT JURISDICTION : Writ Petition (Civil) No. 895

~~ D

Under Article 32 of the Constitution of India.

R.C. Pathak for the Petitioners.

S.B. Wad, R.K. Maheshwari and Vineet Maheshwar for the Respon- E dents.

The Judgment of the Court was delivered by

KULDIP SINGH, J. This petition under Article 32 of the Constitution of India is sequel to the judgments of this Court in R.D. Gupta & Ors.

F etc. v. Lt Governor, Delhi Administration & Ors. etc., [1987] 3 SCR 808 and Narendera Kumar & Anr. v. Lt. Governor, Delhi Administration & Ors., Writ Petition (Civil) No. 3 of the 1990 decided on March 17, 1993. The petition is on behalf of the Storm Water Drains Beldar (SWD Beldars) and Storm Water Drains Mates (SWD Mates) who are class IV employees in the service of the New Delhi Municipal Committee (NDMC). The short ques G lion for our consideration is whether. the SWD Beldars and SWD Mates are entitled to the pay-scales recommended by the Shiv Shankar Commit tee (the SS Committee)? The SS Committee pay-scales are claimed by the petitioners on the ground that the said pay-scales have already been granted to class IV employees of the NDMC who are similarly situated, H

A doing the same/similar work and belong to the same/similar cadres.

It is not necessary to go into the factual details as the same have been covered in R.D. Gupta's case and Narender Kumars' case (supra). The technical staff of the Delhi Electric Supply Undertaking (DESU) were not satisfied with the pay-scales granted as a result of the recommendations of the Third Pay Commission and they demanded higher pay-scales. The Government, therefore, constituted the SS Committee to go into the question of revision of pay-scales of the technical staff of DESU. The higher pay-scales recommended by the SS Committee were allowed to the technical' staff of DESU. Later on, the DESU considered the demand of its ministerial staff and revised their pay-scales also on the parity of the technical staff. Thereafter, the NDMC also allowed the benefit of payscales as recommended by the SS Committee to its ministerial staff working in the electricity wing. The ministerial staff working in other departments of NDMC challenged the action of the NDMC in not extended the SS D Committee pay-scales to them and this Court in R.D. Gupta's case (supra) held that all the ministerial staff working in the NDMC are entitled to get pay-scales recommended by the SS Committee. It was held that the grant of SS Committee pay-scales only to the ministerial staff working in the electricity wing eould not be legally sustained as it suffered from the vice of discrimination.

The NDMC in its meeting dated June 9, 1988 resolved as under :-

"The Committee as per the advice of the Law Deptt. and the opinion given by our counsel, Justice V.D. Mishra on 26.2.1988 had decided that following categorises of employees who con stitutes 496 posts created by the NDMC while forming the Electricity Cell vide Reso. passed on 27.6.1978 should be extended the benefits :

1. Office Supdt.

2. HA/ Accountant

3. Personal Asstt.

4. Sr. Clerk

5. Stenographers

6. Jr. Clerk H

7. Asstt. Storekeepers

8. Adrema Operators A

9. Asst!. Adrema Operators

10. Asst!. Record Keepers

11. Daftry

12. Peon

13. Bill Collector

14. Sorter B

15. Ferro Printer

16. Chowkidar

17. Sewerman

18. Sweeper c Accordingly, the Committee passed orders to extent the benefits vide orders dated 26. 2.1988 to all the above categories.

These employees have already been paid a part of the arrears and salaries under S.S. Scale. The CAP while checking the pay fixation have required a formal resolution of the Committee for processing D the cases. Accordingly, this is noted to the Committee for information in continuation of Reso. No. 26 dated 9.2.1988."

Similarly, by another order dated July 27, 1988 the benefit of SS Committee pay-scales was extended to the following employees: -

"Under the orders of the Administrator dated 18.7.1988 the following allied categories of sweepers are extended the benefit of S.S. Scales in terms of Reso. No. 26 dated 9.2.1988 read with Reso.

No. 52 dated 9.6.1988 as they form the common cadre of sweepers.

1. Lorry Beldars

2. Dumping Ground Beldars

3. Bhisties

4. Rat catchers

5. Verandha Beldars

6. Hawker Raid Van Beldars

7. Sweepers-cum-chowkidars

8. Dog catchers.

Sdl-

Asstt. Secy. (Health)." H

A It is further stated by the petitioners that the SS Committee pay-scales have also been extended to SWD Lorry Bcldars, Silt Lorry Beldars, Filth Cartrncn. Rubbish Cartme1,, Dumpinr. Ground Mates and Sewermen-cum- Beldars.

This Court in Narender Kumar's case (supra) directed the grant of SS Committee pay-scales to Gunmen/Dog Shooters and Duplicating Machine Operators on the follo"ing reasoning :

"In Writ Petition No. 5 of 1990, the petitioners are Class IV employees of NDMC holding posts of Duplicating Machine Operators and Gunmen/Dog Shooters. Needles to say that NDMC

0 has allowed the benefit of SS Committee's scales to Rat Catchers and dog Catchers vide order dated 22.7.1978 as already quoted above and we find no valid justification for denying such benefit to Duplicating Machine Operation and Gunmen/Dog Shooters.

When such benefit has been allowed to Rat Catchers and Dog Catchers, there is no essential difference in the job ,,; ork done by Gunment/Dog Shooters. The Duplicating Machine Operators are Class IV employees and such post is transferable and interchangeable from other Class IV employees of the NDMC who have already been granted the benefit of SSC's pay-scales "ide order dated 9.6.1988 ,1Jrcady mentioned above."

It i~ not doubt corrcc; l th.ti the SS C'orr1niiH ec did not n1ake any recommendation in respect of class IV employees of the NDMC. The SS Committee made its recommendations only in respect of the technical staff F of DESU but the NDMC on its own extended the SS Committee pay-scales not only to the ministerial staff but also to class IV employees working in its electricity 11ing. Classifying the employees working in the electricity wing o. the NDMC for favoured treatment became the cause for the judgment of this Court in R.D. Gupta's case. This Court in Narendera Kumar's case

(supra) further held that the NDMC cannot pick and choose employees G for granting the benefit of SS Committee pay-scales and denying the same to others who are similarly situated and belong to same/similar cad:es.

The precise question for our consideration, therefore, is whether the petitioners before us belong to the same class to which the SS Committee H pay-scales have already been granted by the NDMC.

A ''Beldar" is essentially a Safai Karmchari. There are Beldars under A different nomenclature in the service of the NDMC. Beldars, Sewermen and sweepers by whatever name they be called are part of the sanitary staff of the NDMC. They all belong to Class IV service and there can be no justification in classifying some of them for better treatment. The petitioners have pleaded in paras 4, 5 and 6 of the writ petition as under: -

"4. That the duty of SWD Beldars is to scavenge and desilt the dirt and filth from the covered storm water drains constructed and maintained by Respondent No. 1 within its territorial jurisdiction.

It is the function of the SWD Beldars and SWD Mates to keep

the said drains functional throughout the year. Apart from SWD C Beldars and the Mates another category of employees who are connected with the work of keeping the said storm water drains clean and functional are SWD Lorry Beldars. At this stage it is relevant to state that similar work is also performed by sewermen, sewermates and SWD Lorry Beldars as they are also connected D with the work of scavenging the dirt and filth from sewers so as to keep the sewerage system functional and to collect the dirt and filth from large dustbins known as Dalaos so as to protect the drainage and sewerage system from being chocked. Jn this context it is relevant to state that whereas the work of SWD Beldars and SWD Mates is similar to the work done by above-said other E categories, tlie SWD Beldars and SWD Mates are treated as a different class for the purposes of pay-scales and other service conditions.

5. It is stated that the SWD Beld; rrs and SWD Mates were F treated as belonging to the category of Sweepers till 1978. It is further started that natuce of the work of the SWD Beldars and SWD Mates is similar to the work of employees employed as sweepers and in other categories such as SWD Lorry Beldars, Rubbish Lorry Beldars, Sewermen and Sewermaes. The categories connected with the work of maintaining clearliitess of G roads, sewerage system and storm water drains were known as 'Sweeper and Allied Categories. It is further stated that till 1978, there were interchangeability of posts between the Beldars and the Sweepers working with the Respondent No.1. A true copy of an Office Order issued by Respondent No. 1 on 4.3.1978, which H

supports the above averment of the petitioners is filed herewith as Annexure-1.

6. It is stated that the SWD Beldars and SWD Mates are subject to the administrative control of the Health Department of Respondent No.l. The Health Department of Respondent No.l is the appointing and disciplinary authority of sweepers and allied categories including SWD Beldars and SWD Mates. Prior to 1978, Beldars and SWD Mates were appointed in the same manner in which the employees belonging to sweepers and allied categories used to be appointed. All these categories belonged to a unified cadre. The promotional avenues of SWD Beldars and SWD Mates are the same as are available to the sweepers and any other allied categories. It is relevant to state at this stage that SWD Beldars are promoted as Mates on the basis of their seniority. From amongst the SWD Beldars and the Mates, the promotions are effected to the posts of Assistant Sanitary Inspector on the basis of 10 years service and qualifying a departmental written test . conducted by Respondent No. 1. The sweepers and other allied categories are also considered alongwith SWD Beldars and SWD Mates for such promotions. From amongst the Assistant Sanitary Inspectors, the promotions are effected to the posts of Sanitary Inspectors and then to the post of Chief Sanitary Inspectors. From amongst the Chief Sanitary Inspectors, the promotion is effected to the post of Dy. Sanitary Officer and finally as a Sanitary Officer.

It is stated that the channel of promotion for the beldars and the sweepers have been the same .......... "

In the counter-affidavit on behalf of the NDMC filed by its Secretary the averments in paras 4, 5 and 6 of the writ petition have been replied as under:-

"With reference to paragraphs Nos. 3 to 7 of the petition it is submitted that storm water drains Beldar hereinafter called SWD Beldar, are in the pay-scales of Rs. 750-940; whereas SWD Mates are in pay-scale of Rs. 800-1150, which is the promotional post. At present there are about 235 regular SWD beldars and about 19 are working as SWD Mates. It is not disputed that even a supervisory post has to perform the duties of subordinate staff, if

necessary. Initially SWD Beldars were regularised on the comple- A tion of 5 seasons whereas the sweepers are appointed by direct recruitment and as such form a distinct and different category. A true & correct copy of said Recruitment Rule and promotional Avenues Annex. III (Colly.) is Annexed as Annexure III (Colly.).

In 1978 there was certain vacancies available in the category of B sweepers and some of the SWD Beldars offered themselves to work as sweepers due to the convenience of the concerned employee. At that time there was no dispute as to the pay-scale of the sweeper and SWD Beldars or their venue of promotion and therefore SWD Beldars were absorbed against the permanent C vacancies available in the sweepers category. This kind of internal arrangement of transfer from SWD Beldars to the sweeper category does not make the post interchangeable as alleged or at all"

It seems to be the admitted position that the work of SWD Beldars D and SWD Mates i< almost similar to the work of Sewermen/Sewermates and SWD Lorry Beldars. They are class IV employees and have same status and similar responsibilities. The NDMC has formed a group of various categories of class IV employees called Safai Karamcharies for the purpose of promotion to the post of Assistant Sanitary Inspector. The E SWD Beldars and SWD Mates are also included in the said group along with the sewermen, sewermates and other. In this view of the matter the action of the NDMC in denying the SS Committee pay-scales to the petitioners is arbitrary, discriminatory and is violative of Articles 14 and 16 of the Constitution of India.

We, therefore, allow the writ petition and direct the NDMC and the Delhi Administration to grant the benefit of SS Committee pay-scales to

the Storm Water Drains Beldars and Storm Water Drains Mates with effect from April 1, 1994. Keeping in view the facts and circumstances of this case, we are not inclined to grant the SS Committee pay-scales to the SWD G Beldars and SWD Mates from back date. No costs.

G.N.

W.P. Allowed.