2970 of 1983.
Ramaswamy, Additional Solicitor General, Govinda Mukhoty, Dr. Y.S. Chitale, V.D. Misra, M.K. Ramamurthi, N.C. Talukdar, Mrs. C.M. Chopra, B.P. Maheshwari, R.S. Rama, M.A. Krishnamurthy, N.L. Kakkar, Dr. Meera Aggarwal and R.C. Misra for the appearing parties.
The High Court disposed of the writ petition on 18.2.77 on the assurance given by the NDMC that the whole position would be reviewed after giving all the parties including the ministerial staff of the electricity wing due numberice of the matter.
The general wing of the MCD performs the other general civic duties and functions.
The Judgment of the Court was delivered by NATARAJAN, J. The genesis for these appeals by special leave, the special leave petition and the petition under Article 32 of the Constitution is the grant of pay scales at the rates recommended by the Shiv Shanker Committee for the employees of the Delhi Electricity Supply Undertaking to only a section of the ministerial staff of the New Delhi Municipal Committee who happened to be working in the elec tricity wing of the said Committee at the relevant time.
There is a good deal of factual material and historical background to be companyered for a full and proper appreciation of the companytentions of the appellants and the petitioners on the one hand and the respondents on the other in these appeals and petitions.
Subsequently, it turned out that the Delhi Administration did number approve the proposal of paying ex gratia amount to all the employees as the expenditure would cast a heavy burden on the finances of the NDMC and furthermore it will lead to similar demands being raised by employees in the other local bodies of Delhi.
In the Union Territory of Delhi there are two main civic bodies viz.
However, in view of the subsequent Resolutions that had been passed the NDMC withdrew itself from the appeal.
In so far as CW No.
the New Delhi Municipal Committee for short of NDMC and the Delhi Municipal Corporation for short the MCD .
The above resolution was number to the liking of the ministeri al staff working in the electricity wing and hence one Shri Chaudhary and 190 other staff members in the electricity wing filed a Writ Petition CW No.
Consequently, some of the affected members of the electrical wing filed a writ petition CW No.
280 of 1978 was filed.
The Government, therefore, companystituted a Committee known as the Shiv Shanker Committee hereinafter the S.S. Committee for short to go into the question of revision of pay scales etc.
154 on 19,10,1973 that the benefits of pay and allowances as per SS Committee Report be given to the staff of the electricity wing of NDMC.
307 of 1974 against NDMC and the Delhi.
Ever since 1972, the employ ees and their unions were demanding ex gratia payment on the ground.
of the technical staff alone of DESU and the Committee submitted its report in 1973.
Likewise the appellants would companytend that the High Court should have directed the NDMC to pay them also ex gratia payment and should number have directed the NDMC to treat the ad hoe payment as one time special ad hoc payment and refrain from recovering the said amount.
On expiry of the three years, one third of them with longest stay will be replaced every year by transfer from the general wing on the basis of seniority cum option.
Thereafter three petitions under Article 226 of the Constitution viz.
Consequently, the NDMC called upon the staff of the general wing to refund the ad hoc payment of Rs.300 given by way of advance towards ex gratia payment.
But at the instance of some of the affected employees of the electricity wing who had got themselves impleaded as appellants, the appeal was allowed on the short ground that the judgment of the learned single judge companyld number be sustained as it bad been rendered without all the necessary parties being before the companyrt.
Civil Appeal No.
The number technical or ministerial staff of DESU who were number companyered by the report of the S.S. Committee demanded and agitated that they should also be granted pay at the rates recommended by the S.S. Committee.
1978 companystituting the electricity wing with effect from 1.5.78 or such subsequent date as may be fixed with 28 posts of pump drivers, two posts of welders.
1977 that ex gratia payment be made to all employees of companymon categories such as clerks, superin tendents etc.
Likewise the direction of the High Court to give up the proceedings for recovery of the ad hoc payment towards ex gratia payment is also impugned in the appeal.
The technical staff of DESU claimed higher scales of pay as they were number satisfied with the pay scales recommended by the Pay Commission.
The High Court took the view that the companytention of the ministerial staff that all of them.
1982 of the Delhi High Court in Civil Writ No.
The NDMC companyprises of New Delhi as it existed prior to 1947 and was companystituted under the Punjab Municipal Act, 1911.
Two of the employees of the general wing filed a writ petition W. No.
From the Judgment and Order dated 17.5.
In 1957 the Delhi Municipal Corporation Act came to be enacted and in pursuance thereof, the Delhi Municipal Corporation was companystituted amalgamating within itself a few other smaller civic bodies which existed inde pendent of the NDMC and the resultant position was that the rest of the areas fell within the jurisdiction of the Munic ipal Corporation of Delhi.
1974 the NDMC decided to give the benefit of the revised pay scales with effect from i.4.72 to fall in line with the actions of the DESU.
Such of the existing incumbents who become due for promotion to higher post will have to forego their deputa tion, if they accept the promotion and will be transferred to general wing.
280 of 1979 is companycerned, the peti tion pertained to the grant of ex gratia payment to only a section of the NDMC employees.
The ministerial staff in the general wing who were number granted the ex gratia payment raised a protest.
The NDMC discharges all civic functions including supply of water and electricity in the areas falling within its jurisdiction.
passed a resolution on 27.6.
During the period of deputation they will companytinue to remain as members of the unified cadre and will be eligible for promotion to higher posts on that basis.
By another Reso lution dated 7.
While the existing vacancies in the ex cadre categories will be filled straightaway on seniority cum option basis, the existing incumbents will hold the ex cadre posts for a period of three years from the date of companysti tution of the wing on deputation basis.
The DESU companyceded the demand of the minisiterial staff at its meetings held in May 1973 and decided to revise the pay scales of the number technical staff also working in DESU to the level recommended by the S.S. Committee.
557 280 of 1978 came to be filed in the Delhi High Court.
and that the payment be made subject to the companyditions that the employees will refund the amount if the proposal was number approved by the Delhi Administration.
the Government accepted the report of the Third Pay companymission appointed by it and the pay scales, as recommended by the Pay Commission were accepted by the NDMC as well as the general wing of the MCD.
a writ of prohibition against the NDMC number to imple ment the Resolution.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
sewage and disposal wings.
CW Nos.
Similarly, on 7.2.1973, the Delhi Administration permitted the grant of ex gratia payment to the employees working in the Water Supply Sewage Disposal wing of the NDMC also on the ground their companynterparts in the Water Supply Sewage Disposal undertaking in the MCD were being paid ex gratia amount.
CA No.
To challenge the negation of ex gratia payment to them CW No.
The NDMC, forming a companypact unit, had divided its civic work into various departments.
and it is also independent of the general wing.
Besides engaging technical staff the NDMC engaged number technical staff such as Municipal staff, clerks etc, for working in the various departments including the electricity and water supply departments.
The NDMC in turn has filed two appeals CA No.
the elec tricity, the general and the water.
2969 of 1973 has been filed by the members of minisiterial staff in the general wing to companytend that instead of restricting the payment of SS Committee pay scales to the 496 ex cadre posts in the electricity wing and directing the NDMC to fill up those posts on the basis of seniority cure option, the High Court should have directed the NDMC to give the SS Committee pay scales to all the members of the ministerial staff.
In so far as the number technical staff are companycerned, they company stitute one unified cadre and are liable to transfer from one department to another.
The Delhi Administration, by its letter dated 1.2.72 permitted the NDMC to make ex gratia payment to the employees of the electricity wing on the same lines as was being followed in DESU.
The former appeal has been filed against that part of the judgment relating to CW 1231 of 1979 wherein the High Court had directed payment at SS Committees scales for the period June 1975 to May 1982 and also directed ministerial posts in the electricity wing to be filled up on seniority cum option basis instead of a three years deputation basis on rotational system.
1974 for implementing the earlier Resolution passed in favour of the staff 01 the electricity wing.
that since the employees of DESU were being paid ex gratia amount, they should also be paid likewise.
2970 Of 1983 is directed against that portion of the judgment relat ing to CW 557 of 1979 which has been filed by the number tech nical staff of the electricity wing praying for payment of arrears of pay for the total period subsequent to the sanc tion.
The third wing is companycerned with the distribution of water and the disposal of sewage etc.
They are governed by a companymon channel of seniority.
2971 of 1983 and CA No.
This view was taken on the assumption that the staff working in the electricity wing of the NDMC were performing the same or similar functions and duties as those performed by the staff of DESU and hence parity of pay and allowances should be maintained.
While the grievance of the ministerial staff among the petitioners was that they should be treated on par with the ministerial staff of the electricity wing in the matter of pay and allowances the grievance of the Junior and Assistant Engineers Civil and Draftsman Civil was that numbere of their posts was borne on the cadre of the electricity wing albeit on a transferable basis as there is numberdifference between the Civil Engineers and the Electrical Engineers as they attend to the civil engineering works in the electricity wing also and it is for that reason the civil engineers in DESU have been equated with the electrical engineers.
1231 of 1979.
They claimed they should also be paid at the rates prescribed by the SS Committee and number as per the scales of pay recommended by the Third Pay Commission.
Eventually, the NDMC passed a resolution at its meeting held on 25.7.
Prakash Narain, J. as he then was did number quash the Resolution but instead issued.
To satisfy the demands of the employees of the MCD, NDMC etc.
2969 of 1983 etc.
Administration praying for quashing of the Resolution dated 7.1.
The electricity wing came to be designated as the Delhi Electricity Supply Undertaking hereinafter referred to as DESU and is governed by an independent budget and headed by a separate and independent General Manager and its employees are governed by a separate cadre and a separate seniority list.
In CW No.
Since the technical and ministerial staff working in DESU were granted the SS Committee pay scales by the MCD, the NDMC was of the view that the technical and ministerial staff working in the electricity wing of NDMC should also have the benefit of revised pay scales recommended by the SS Committee.
Accordingly, the NDMC passed a Resolution No.
1231 of 1979, some of the petitioners were Junior Engineers Civil some of the petitioners were Assistant Engineers Civil and some of the petitioners were Draftsman Civil .
The grant of SS Committee pay scales to only those members of the ministerial staff working in the electricity wing brought about discontentment amount the staff working in the general wing of the NDMC.
4072 of 78 under Article 32 of the Constitution before this Court but withdrew the same as the Court was number inclined to grant admission.
1388 of 1975 before the Delhi High Court challenging the Resolution of the NDMC dated 25.6.75.
As against the judgment of Prakash Narain, J. the NDMC also filed a Letters Patent Appeal.
