Manmohan Sarin, J.

( 1 ) THE above two writ petitions have been filed by Legal Assistants and Junior Law Officers, working with respondent-DDA. The first writ petition being WP (C) 6637/2002 has been filed by four Legal Assistants, seeking implementation of the recommendations of Vth Pay Commission report and grant of pay scale of Rs. 6500-10500 to them with effect from 1st January, 1996. The second writ petition being WP (C) 5728/2003 has been filed by four Junior Law Officers, seeking implementation of the Vth pay Commission Report and grant of pay scale of Rs. 7500-12000 to them w. e. f. 1st January, 1996.

( 2 ) PETITIONERS in first writ petition being WP (C) 6637/2002 state that the post of Legal Assistant, in the respondent authority was created in 1979. The pay scale was Rs. 425-700. This was revised to Rs. 550-900. The post of Legal Assistant was brought at par with the post of superintendent in the office of respondent and made Group-B (Gazetted) post w. e. f 12th August, 1981 in terms of office order No. FE2 (21)/70/pt dated 21st february, 1984. The progression/revision in the pay scales of Assistant (non-selection), Superintendents (Non-Selection) and Legal Assistant selection is reproduced for facility of referrence in a tabulated from:-

( 3 ) THE grievance of the petitioners is that while implementing the Vth pay Commission report, Legal Assistant being a selection post through direct recruitment and written test, has been placed in the pay scale of Rs. 5500-9000, while Superintendent (non-selection) having earlier the same scale have now been placed in the pay scale of Rs. 6500-10500. Petitioners claim that above action to be totally arbitrary and discriminatory inasmuch as after recommendations of the Vth Pay Commission, the pay scales of Assistant (Legal) in the Ministry of Law, Justice and Company affairs who was in the pay scales of Rs. 2000-3500 was enhanced to Rs. 6500-10500.

( 4 ) IT is urged that petitioners, Legal Assistants are performing similar duties as Assistant (Legal) in the Ministry of Law, Justice and company Affairs. DDA as per Resolution No. 135/1996 adopted the pay structure and scales of the Central Government employees. The said scales are to apply mutatis mutandis to DDA employees. Applying principle of equal pay for equal work, petitioners are also entitled to have parity by having the same pay scales. Learned counsel submits that grant of pay scales of Rs. 6500-10500 to the petitioners as a Group b post would also be in consonance with the DDA (Conduct , Discipline and Appeal) regulations, 1999 since as per the said regulation, ultimate Group-B post should not be less than Rs. 9000/- and not more than Rs. 13500/ -.

( 5 ) PETITIONERS in WP (C) 5728/2003, are Junior Law Officers who on similar grounds are seeking parity with the pay Scales granted to superintendent (Legal) in the Ministry of Law, Justice and Company Affairs which is next promotional post to Assistant (Legal) in the said Ministry and is equivalent to the post of Junior Law Officer in DDA i. e Rs. 7500- 12000. Learned counsel for the petitioners submits that DDA has adopted rules and regulations and pay scales for their employees including Engineers, architects, Superintendents, Stenographers, Assistants etc as applicable to the Central Government employees. By the same parity, petitioners in WP (C) 5728/2003 are also entitled to the revision of pay scales from 1. 1. 1996 on the same scale as Superintendent (Legal ).

( 6 ) IT is stated that petitioners had been making representations from 1997 to which no heed was paid. Petitioners as a last resort, filed these writ petitions when all avenues of administrative redress failed. Petitioners urged that they are entitled to the revised pay scales from the day benefit was given to others, holding same pay scales following the 5th pay Commission s recommendations.

( 7 ) RESPONDENT in the counter-affidavit filed in WP (C) 6637/2002 took the position that there was no discrimination

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