AI Structured Summary
Not yet generated for this judgment
Judgment
Justice L. Narasimha Reddy, Chairman:
The applicants were appointed as Assistant Sanitary Inspectors, (ASI) in the New Delhi Municipal Council (NDMC) through order dated 18.05.2018, on being selected by the Delhi Subordinate Service Selection Board (DSSSB), the second respondent herein. They were put in the pay scale of Rs. 19,900-63,200, Level-2 in the 7th CPC pay matrix, with admissible allowances. Soon after their appointment, the applicants started making inquiries about the correctness of the pay scale allowed to them. According to the applicants, the pay scale mentioned in the Advertisement was the one of Rs. 8500-26300 with Grade Pay of Rs. 2800/- whereas the corresponding enhanced pay was not extended to them. They have also drawn comparison with the pay scale allowed to the SafaiKaramchari, on promotion to the post of ASI. They are not satisfied with the answer given by the respondents in the reply to an application filed under the Right to Information Act, 2005.
Today we heard Sh. Pramod Kr. Sharma, learned counsel for the applicants and Sh. Anuj Kumar Sharma, learned counsel for the respondents.
It is rather unfortunate that soon after their being appointed, the applicants have pushed their employer to litigation and too much of correspondence as regards the pay scale. Despite our repeated efforts, we are unable to get a satisfactory answer from the learned counsel for the applicants as to the basis for their claim for higher grade pay or pay scale.
The only effort made by them is to compare the pay structure with that of the promoted ASIs. It is fairly well known and settled that the pay scale of an official, who holds a post on promotion is bound to be substantially different, compared to that of the one, who was appointed to that very post on direct recruitment. It is only when an ASI, appointed by way of direct recruitment and junior to the applicants, but higher scale of pay, that the applicants can have any grievance. The other occasion is where a specific notification or provision exists stipulating the pay scale attached to the post and they are being denied the benefit thereof. None of these circumstances exist in case of the applicants. The circumstances under which the first respondent has adopted the pay scales particularly the one stipulated by them for the post of ASI by way of direct recruitment, are not placed before us.
We do not find any merit in the OA and accordingly, the same is dismissed.
Pending MAs shall also stand disposed of.
There shall be no order as to costs.