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 companytention of the appellant that on promotion the respondents were transferred to the Civil Wing companyld number be accepted as even after promotion they were working in the Auto Workshop itself, which forms part of the Electricity Wing.
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.
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.
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.
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.
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.
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.
The role of the Assistant Engineer E M was companyfined 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, 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.
On 27th October, 1997, long after promotion to the post of Assistant Engineer E M , the respondents filed Writ Petition No.
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.
It was later on renamed and reconstituted as the New Delhi Municipal Council by virtue of the New Delhi Municipal Council Ordinance numberified on 25th May, 1994, which was later on replaced by the New Delhi Municipal Council Act, 1994 with effect from 5th July 1994.
Arising out of SLP c No.15824/2005 ALTAMAS KABIR, J. Leave granted.
The New Delhi Municipal Committee was companystituted under the Punjab Municipal Act, 1911.
