W.P.(C.) No. 1691/2010. Case: ITI Certificate Holders' Association (Regd.) and Anr. Vs Delhi Transport Corporation and Ors.. High Court of Delhi (India)
| Case Number | W.P.(C.) No. 1691/2010 |
| Counsel | For Appellant: Kartar Singh and K.S. Chauhan, Advs. And For Respondents: J.S. Bhasin, Adv., Sana Ansari, Adv. for Zubeda Begum, Adv. and Manmeet Singh, Adv. for Jasbir Kaur, Adv. for UOI |
| Judges | Anil Kumar and Mool Chand Garg, JJ. |
| Issue | Service Law |
| Judgement Date | March 23, 2010 |
| Court | High Court of Delhi (India) |
Judgment:
Mool Chand Garg, J.
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The petitioners herein are aggrieved by the orders dated 07.10.2009 and 20.11.2009 passed by the Central Administrative Tribunal, Principal Bench, New Delhi (for short "the Tribunal") in TA No. 1167/2009 and TA No. 1481/2009 respectively, whereby the learned Tribunal has dismissed both the transfer applications.
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The petitioners herein prays for grant of pay scale of Rs. 4000-6000/- as recommended to their category as per Central Pay Commission Report/Recommendation which was made effective by the Central Government and the State Government with respect to similar categories with effect from 1.1.1996 based upon the report given by a Sub-Committee constituted by the DTC Board as per Resolution No. 90 of 2000 regarding existence of anomalies in the pay scale of officers/officials of DTC on 26.09.2001 wherein it was recommended by the Sub-Committee that A/Elect, A/Fitter, A/Painter, A/Blacksmith, A/Body Fitter, A/Welder, A/Machinist, A/Tinsmith, Tyre-man and A/Bench fitter who have been extended the scale of unskilled should be given pay scale of Rs. 4000-6000/- without disturbing their present basic salary or involving any financial implication. The petitioners also want pay to be given to them as per the recommendation of the 4th Pay Commission.
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It is the case of the petitioners that despite such recommendations the pay scale recommended in their category by the 4th and 5th Pay Commission was not granted. It has also been submitted that similar pay scales have already been sanctioned to all similarly placed person in different department and that the administrative staff like the junior clerks are working in the pay scale of Rs. 3200-4900/- whereas the similarly placed persons working in Delhi Government/Central Government are in the pay scale of Rs. 3050-4590/-, similarly UDC/Senior Clerk are in the pay scale of Rs. 4500-7000/- and the similarly placed persons in the Central Government as well as in the Delhi Government are in the pay scale of Rs. 4000- 6000/-. It has also been submitted that they are also entitled to similar pay scales, as such benefits have already been extended by the Delhi Transport Corporation to the administrative staff and had there been any precarious financial position of the Corporation, they would not have done so. It has further been submitted that denial of similar benefits to the petitioners is without any reason.
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The Tribunal while considering the prayers made by the...
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