Ramji Lal vs Delhi Development Authority

V. Ajay Kumar, J

The applicant, a Mate in the respondent - Delhi Development Authority, filed the OA seeking the following reliefs:-

"(a) Quash, set-aside and declare the impugned EO no. 193 dated 6.2.2013 issued by Respondent as illegal, unlawful and in violation of the statutory rights of the applicant to the extent of differentiation on educational qualifications and to restore other benefits of the applicant at par with other mates till date.

(b) Grant any other relief or reliefs, which are fit under the circumstances of the present case.

(c) Allow the costs of the application in favour of the applicants."

It is the case of the applicant that he was not possessing the educational qualifications of matriculation/10th class, as it was not required at the time of his appointment as Mate and accordingly, he has been continuously working under the respondents for the last so many years on regular basis.

It is also the case of the applicant that the DDA Karamchari Morcha raised an Industrial Dispute vide ID No. 87/1992 with regard to the reference, i.e., "Whether Mates/Non Technical Supervisors are entitled to the pay scale of Rs.260-400 (Pre-revised) 950-1400 (Revised) and if so, what directions are necessary in this aspect". The Industrial Tribunal, vide its award dated 03.12.2013, passed the following orders:-

"14. Finding on Issue No.1 Issue no.1 is: As per terms of reference: Terms of reference are "Whether Mates/Non-Technical Supervisors are entitled to the pay scale of Rs.260-400 (pre-revised) Rs.950-1500 (Revised) and if so what directions are necessary in this respect?"

Workman who are Mates/Non-Technical Supervisors are getting pay scale of Rs.210-290 (pre-revised) and now, they are seeking the pay scale of Rs.260-100 w.e.f. 1.1.1973 and arrears w.e.f. 1.4.81.

In para 1 of the document Ex. MW 1/1, which is agenda of meeting of committee constituted under Chairmanship of Chief Engineer (Rohini), DDA to look into the demands of DDA Employees Front regarding pay scales and other issues of Mates in DDA, it has been held as under:-

It is mentioned that the NTS/Mate/Asstt. Typist have already been granted pay scale of Rs.260-400/- (950-1400)(3050-4590) (Group-C Scale) after completion of 7 years service in the pay scale of 800-1150/- vide EO No. 4546 dated 15.11.91 (Resolution item No.95/91 dated 19.9.91. Later on vide Authority‟s resolution item no. 19/99 dated 30.09.99, this scale was given retrospective effect w.e.f. 1.1.1986.

Since, in the abovesaid agenda of meeting of the committee of the management/DDA, the pay scale of Rs.260-400/- has been granted to mates/NTS. I find no justification in action of management of non-granting the said pay scale to the workmen who are mates/NTS in DDA. It has been mentioned in para 4 of the said agenda that arrears shall be paid w.e.f. 08.01.2010. However, there is no justification in granting arrears from the said date only and not for the past period.

Hence, in view of above discussion, it is held that the workmen, who are Mates/Non Technical Supervisors in the management/DDA, are entitled to the pay scale of Rs.260-400, revised to Rs.950-1500 (as revised from time to time thereafter) w.e.f. 1.1.1986. As per evidence of MW 1 Sh. Atma Ram, Director, the management/DDA has already provided benefits to workmen w.e.f. 8.1.10. It is directed that the said benefit for the period from 1.1.86 to 7.1.10 be also provided to the workmen. Separate order in this regard will be issued by management within 3 months of the enforcement of this Award. In the facts and circumstances of the case, there is no order as to interest on the arrears to be granted to workmen. Award is passed accordingly and reference is answered in these terms."

It is also the case of the applicant that the respondent Management have challenged the said award vide Writ Petition No. 4608/2014 and the said WP is pending in the Hon‟ble High Court of Delhi as on date.

The applicant further submits that the respondent, vide impugned Annexure A/1 Establishment Order dated 06.02.2013, while granting the scale of Rs.260-400 to all the Mates, who are possessing matriculation qualification, but have deprived the said benefits to the applicant and certain other Mates, who are not possessing the matriculation qualification. Hence, the OA.

Heard Sh. Nirmal Mishra, learned counsel for the applicant and Ms. Sriparna Chatterjee, learned counsel for the respondent and perused the pleadings on record.

Learned counsel for the applicant submits that though the granting of the pay scale of Rs.260-400 (Pre-revised) to the Mates is the subject matter in the aforesaid ID which was now challenged before the Hon‟ble High Court, but the respondent granted the benefits only to certain Mates who are possessing matriculation and depriving the same to the applicant is illegal and arbitrary.

On the other hand, learned counsel for the respondent, Ms. Sriparna Chatterjee, submits that entitlement of the scale of Rs.260-400 by the Mates was the subject matter in the ID which is now pending before the Hon‟ble High Court. The learned counsel further submits that however, since in view of the 6th CPC recommendations, minimum educational qualification for any Group „C‟ post is matriculation and out of the Mates, who are presently working with DDA, some of them are possessing the required education qualification for Group „C‟ post and to avail their services, the respondent issued the impugned Establishment Order dated 06.02.2013, providing an opportunity to those Mates who are possessing the matriculation qualification. Learned counsel also submits that classifying the Mates on the basis of education qualification for the purpose of accommodating them in a higher post, i.e., Group „C‟ cannot be found fault with, as the same is permissible classification.

It is submitted by both sides that the issue of granting the pay scale of Rs.260-400 (Pre-revised) to the Mates of the respondent - DDA is presently pending before the Hon‟ble High Court, as the award was passed in favour of the Workman. It is challenged by way of Writ Petition before the Hon‟ble High Court. The impugned Establishment Order dated 06.02.2013 is also pertaining to granting of the same scale, however, by classifying the Mates into two classes, i.e, those who are possessing matriculation qualification and those who are not possessing the same qualification. Since the issue is part of the Award which is already under challenge before the Hon‟ble High Court, we are of the view that this OA is not maintainable before this Tribunal. Even the classification of the Mates on the basis of education qualification can also be agitated in the Writ Petition which was filed against the Award.

In the circumstances, we do not find any merit in the OA and accordingly, the same is dismissed. However, this order shall not preclude the applicant from filing appropriate application in the pending W.P., before the Hon‟ble High Court, in accordance with law, if he is so advised. No costs.