Judgment

KULDIP SINGH, J.:- This petition under Article 32 of the Constitution of India is sequel to the judgments of this Court in R. D. Gupta v. Lt. Governor, Delhi Administration (1987) 3 SCR 808 and Narendra Kumar v. Lt. Governor, Delhi Administration, Writ Petition (Civil) No. 3 of 1990 decided on March 17, 1993. The petition is on behalf of the Storm Water Drains Beldars (SWD Beldars) and Storm Water Drains Mates (SWD Mates) who are Class IV employees in the service of the New Delhi Municipal Committee (NDMC). The short question for our consideration is whether the SWD Beldars and SWD Mates are entitled to the pay-scales recommended by the Shiv Shanker Committee (the SS Committee)? The SS Committee pay-scales are claimed by the petitioners on the ground that the said pay-scales have already been granted to Class IV employees of the NDMC who are similarly situated, doing the same/ similar work and belong to the same/ similar cadres.

2. It is not necessary to go into the factual details as the same have been covered in R. D. Guptas case (AIR 1987 SC 2086) and Narender Kumars case (supra). The technical staff of the Delhi Electric Supply Undertaking (DESU) were not satisfied with the pay-scales granted as a result of the recommendations of the Third Pay Commission and they demanded higher pay-scales. The Government, therefore, constituted the SS Committee to go into the question of revision of pay scales of the technical staff of DESU. The higher pay-scales recommended by the SS Committee were allowed to the technical staff of DESU. Later on, the DESU considered the demand of its ministerial staff and revised their pay-scales also on the parity of the technical staff. Thereafter, the NDMC also allowed the benefit of pay-scales as recommended by the SS Committee to its ministerial staff working in the electricity wing. The ministerial staff working in other departments of NDMC challenged the action of the NDMC in not extending the SS Committee pay-scales to them and this Court in R.D. Guptas case (AIR 1987 SC 2086) (supra) held that all the ministerial staff working in the NDMC are entitled to get pay-scales recommended by the SS Committee. It was held that the grant of SS Committee pay-scales only to the ministerial staff working in the electricity wing could not be legally sustained as it suffered from the vice of discrimination.

3. The NDMC in its meeting dated June 9, 1988 resolved as under :-

"The Committee as per the advice of the Law Deptt. and the opinion given by our counsel, Justice V.D. Mishra on 26-2-1988 had decided that following categories of employees who constitutes 496 posts created by the NDMC while forming the Electricity Cell vide Reso. passed on 27-6-1978 should be extended the benefits:

1 . Office Supdt.

2. HA/Accountant

3. Personal Asstt.

4. Sr. Clerk

5. Stenographers

6. Jr. Clerk

7. Asstt. Storekeepers

8. Adrema Operators

9. Asstt. Adrema Operators

10. Asstt. Record Keepers

11. Daftary

12. Peon

13. Bill Collector

14. Sorter

15. Ferro Printer

16. Chowkidar

17. Sewerman

18. Sweeper

Accordingly, the Committee passed orders to extend the benefits vide orders dated 26-2-1988 to all the above categories. These employees have already been paid a part of the arrears and salaries under S.S. Scale. The CAP while checking the pay fixation have required a formal resolution of the Committee for processing the cases. Accordingly, this is noted to the Committee for information in continuation of Reso. No. 26, dated 9-2-1988."

Similarly, by another order dated July 27, 1988 the benefit of SS Committee pay-scales was extended to the following employees:

"Under the orders of the Administrator dated 18-7-1988 the following allied categories of sweepers are extended the benefit of S.S. Scales in terms of Reso. No. 26 dated 9-2-1988 read with Reso. No. 52 dated 9-6-1988 as they form the common cadre of sweepers.

1. Lorry Beldars

2. Dumping Ground Beldars

3. Bhisties

4. Rat Catchers

5. Verandha Beldars

6. Hawker Raid Van Beldars

7. Sweepers-cum-Chowkida