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Judgment
The applicants herein were initially, the employees of Delhi Development Authority (DDA), the 1st respondent herein. Over the period they were first, made over to the Municipal Corporations of Delhi in the year 1980 and, thereafter, to the Delhi Jal Board in the year 1998. At the time of transfer of the applicants and other employees from the first respondent to the Municipal Corporations, certain conditions were incorporated. One such condition is that the employees so transferred shall be entitled to the same benefit of tenure and remuneration, as though they continued to be the employees of DDA, unless such conditions are altered by the Municipal Corporation or the Jal Board, as the case may be.
The applicants contend that in the recent past, DDA issued establishment order dated 23.11.2012. providing certain benefits to the Wireman/Wireman Gr.II, not only by converting them to Gr. - I, but also extending the pay scale attached to that post with effect from the dates of their appointment in Gr. - I. The applicants made representations, claiming similar benefits. The respondents issued a reply on 25.10.2013 stating that most of the applicants are Pump Operators and the benefits under the order dated 23.01.2012 are only in favour of Wireman Gr.
II. They were also advised to furnish further particulars so that the feasibility of extending any benefit can be considered.
This OA is filed with a prayer to set aside the order dated 25.10.2013 and another connected order dated 31.08.2013. They claim the benefit of pay scale as mentioned in the circular dated 23.11.2012 issued by DDA.
Respondents filed a detailed counter affidavit opposing the OA. It is stated that most of the applicants are Pump Operators and the benefit under the circular dated 23.11.2012 is restricted to the Wireman (Gr. - II). It is also stated that the representation was made by only one of the applicants, who was not a Wireman and the OA is totally misconceived.
We heard Ms. Sumedha Sharma, learned counsel for the applicants and Mr. Manjeet Singh Reen for Respondents No. 1 to 4, Ms. Khushboo Khan for Mr. S. K. Singh for Respondent No. 6.
It is not in dispute that the applicants were initially the employees of DDA and they were transferred to Municipal Corporation of Delhi in the year 1980. Eighteen years thereafter, the activity undertaken by the applicants was made over by Delhi Jal Board, and they too were transferred. The conditions of transfer that were incorporated at the initial stage protect the rights of the applicants. Clause - VI thereof, reads as under:-
"6. Every employee shall on and from the date of his transfer to the Corporation shall become an employee of the Corporation with such designation as the commissioner may determine and shall hold office by the same tenure, remuneration and on the same terms and conditions of service as he would have held if he had continued of service in the DDA unless and until such tenure, remuneration and terms and conditions are duly altered by the Corporation. However, the same shall not be to his disadvantage/without the prevision sanction of the Corporation."
None of the respondents dispute that obligation under this clause. Their contention is that, as of now, no benefit was extended to the Pump Operators.
The applicants based their claim on the establishment order dated 23.11.2012, issued by DDA, which reads as under:-
"ESTABLISHMENT ORDER
With due approval of the Competent Authority, the following Work Charge (regular) Assistant Wireman/Wireman Grade-II are converted to Work Charge (R) Wireman-Grade-I with retrospective effect from their respective date of appointment as Work Charge (Regular) Asstt. Wireman/Wireman/Wireman Grade-II. These officials are placed in the scale of Rs.260/- 350/-(Pre-revised) plus usual allowances as admissible from time to time, with effect from their respective date of appointment as Work Charge (Regular) Asstt. Wireman/Wireman Grade-II."
From this it is evident that it is only the post of Wireman/Wireman Grade-II which is upgraded to Wireman Grade-I and they are placed in the scale of Rs.260-350, with usual allowances, with effect from the date of their respective appointment as work charge establishment Wireman/Wireman Grade-II. Except one applicant, none of them are Wiremen. Therefore, the question of extending the benefit under the order dated 23.11.2012, to them does not arise. So far as the applicant who is Wireman is concerned, he has to make a representation duly indicating the service particulars. In all fairness, the respondent mentioned the same in the impugned order also.
We, therefore, dispose of the OA holding that the benefit under Establishment order dated 23.11.2012 is not available to such of the applicants who are not Wireman; and the one who is the Wireman can make a representation claiming the benefit. As and when such a representation is made, necessary orders shall be passed within a period of two months from the date of receipt thereof. There shall be no order as to costs.