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Judgment
V. Ajay Kumar, J
The applicants, 78 in number and working as contractual Domestic Breeding Checkers under the respondents, filed the OA seeking a direction to pay their salary as per Annexure P-1 Office Order dated 25.04.2013 with effect from 01.04.2013 along with arrears and other consequential benefits. They have also prayed for issuance of a direction to grant leave benefits to them as per Annexure P-4 Office Order dated 23.04.2008 and also to grant bonus.
It is submitted on behalf of the applicants that the respondents-North Delhi Municipal Corporation (NDMC), vide the Annexure P-1 Office Order dated 25.04.2013, enhanced the remuneration paid to contractual appointees in various categories of various cadres in NDMC and that the applicants who are working as contractual Domestic Breeding Checkers are also entitled for the minimum of the Pay Band + Grade Pay + variable DA at the said enhanced rate with effect from 01.04.2013, i.e., on which date the said Office Order came into effect.
On the other hand, it is submitted on behalf of the respondents that the applicants were engaged on contract basis as Domestic Breeding Checkers which is a semi-skilled, non-supervisory, technical post with matriculation qualification for which no Recruitment Rules are available and accordingly, no sanctioned posts are in existence. Therefore, the applicants are being paid the wages as per the daily wage rates on the basis of minimum wages fixed by the Government of NCTD, as revised from time to time by the concerned Labour Welfare Department. Since there are no Recruitment Rules for the post of Domestic Breeding Checkers and there are no sanctioned posts, they cannot compare them with other contractual employees who are working against sanctioned category of posts for which Recruitment Rules are in existence. It is also stated that the engagement of the applicants as Domestic Breeding Checkers is only for 7 months in a year as against the continuous engagement of other contractual employees against other sanctioned posts.
Heard Shri Anand Nandan, learned counsel for the applicants and Shri Amit Sinha for Shri R.N. Singh with Shri K.M. Singh, learned counsel for Respondent No.2, Shri Shantanu Kumar, learned counsel for Respondent No.3 and Ms. Sangita Rai with Shri Pradeep Singh Tomar, learned counsel for Respondent No.4 and perused the pleadings on record.
We find force in the submission made by the respondents. The applicants who are working on contract basis in the posts of Domestic Breeding Checkers for which admittedly no RRs are in existence and that there are no sanctioned posts and prescribed scales. They are being paid the wages as per the rates of minimum wages prescribed by the Government of NCTD and as enhanced from time to time. A contractual employee can claim equal pay provided the post on which he is working is a sanctioned post for which a particular pay scale was prescribed by the RRs. Accordingly, the said prayer is rejected.
In the circumstances and for the aforesaid reasons, the OA is disposed of by permitting the applicants to submit an appropriate representation for leave benefits and bonus, and on receipt of such a representation from the applicants, the respondents are directed to consider the same as per the rules and pass an appropriate speaking and reasoned order, in accordance with law, within 90 days therefrom. No costs.