O.A. No. 9/2013, M.A. Nos. 8 and 332/2013. Case: Harish Chandra and Ors. Vs Commissioner, North Delhi Municipal Corporation and Ors.. Central Administrative Tribunal
| Case Number | O.A. No. 9/2013, M.A. Nos. 8 and 332/2013 |
| Counsel | For Appellant: C. Hari Shanker, Sr. Counsel and S. Sunil, Advocate and For Respondents: R.N. Singh and Vartika Sharma, Advocates |
| Judges | P.K. Basu, Member (A) and Dr. Brahm Avtar Agrawal, Member (J) |
| Issue | Service Law |
| Judgement Date | April 07, 2017 |
| Court | Central Administrative Tribunal |
Order:
P.K. Basu, Member (A), (Principal Bench At New Delhi)
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The applicants are working as Chowkidars in the Community Service Department (CSD) of the Municipal Corporation of Delhi (MCD). They are seeking parity of pay scale with Security Guards working in the Care Taker Department and Horticulture Department.
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The applicants rely on the order of the Tribunal in OA No. No. 1417/2011 dated 16.11.2011 (Harish Chandra and Others v. Commissioner of MCD and Others). The OA was filed by Chowkidars working in the CSD of the respondents (MCD) seeking parity in the matter of pay scale with Security Guards/Gungmen working with the respondents. This claim was based on the order dated 20.06.2006 of the Hon'ble High Court of Delhi in WP(C) No. 1610/2005 (Ram Kishen & Ors. v. Commissioner Municipal Corporation of Delhi) and other connected WP wherein a similar prayer was allowed. Reliance was also placed by the applicants on Award dated 11.01.2010 of Industrial Tribunal in respect of similar claims of Chowkidars who were working in the Care Taker Department of the respondents Corporation. Reliance was also placed on order dated 15.05.2009 in TA-230/2009 (Dharam Singh & Another v. The Commissioner, MCD) with TA-251/2009 (Mohinder Singh and Others The Commissioner, MCD) in which similar claims of employees of the Care Taker Department were allowed by this Tribunal. The Tribunal directed to decide the representation of the applicants by passing a speaking and reasoned order.
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The applicants also rely on order dated 09.05.2012 passed in OA No. 1261/2011 (Jawahar Singh & Another v. Commissioner, MCD), wherein the applicants were appointed as Chowkidars by the Delhi Development Authority and were seeking parity of pay with Security Guards/Gunmen employed in Health Department of Municipal Corporation of Delhi (MCD). The applicants in the said case had relied on the decision of the High Court of Delhi in Ram Kishen (supra) and Dharam Singh (supra). In para 4 of this order, the Tribunal had noted that some of the applicants were recruited as Security Guards/Gunmen through Employment Exchange and were having the experience as an ex-servicemen and they claimed parity with the Gunmen/Security Guards working in the Health Department. It was further stated by the respondents in that case that the order of the High Court in Ram Kishen's case (supra) pertains to Security Guards/Gunmen who were working in other departments and were entitled to pay scale of...
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