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1987 Supreme(Del) 58
High Court Of Delhi
LALIT MOHAN - Appellant
Versus
MUNICIPAL CORPORATION OF DELHI - Respondent
Civil Writ 1373 of 1980
Decided On : 02/04/1987
A.K.Gupta, G.D.GUPTA, R.P.Lao, S.N.SHUKLA
Regular employees cannot be discriminated against in favor of muster roll employees for promotion.
Headnote:
PROMOTION - REGULARISATION OF MUSTER ROLL EMPLOYEES - DISCRIMINATION AGAINST REGULAR EMPLOYEES - PROMOTION OF REGULAR EMPLOYEES TO BE CONSIDERED BEFORE REGULARISATION OF MUSTER ROLL EMPLOYEES.
Fact of the Case:
Regular employees of the Municipal Corporation of Delhi challenged the decision to regularize muster roll employees on a point-to-point basis, arguing that it discriminated against them and marred their chances of promotion.
Finding of the Court:
The court found that the decision to regularize muster roll employees on a point-to-point basis was arbitrary and violated the recruitment rules, which provided for promotion of regular employees before direct recruitment.
Issues: Whether the decision to regularize muster roll employees on a point-to-point basis was discriminatory against regular employees and violated the recruitment rules.
Ratio Decidendi: The court held that the decision to regularize muster roll employees on a point-to-point basis was discriminatory against regular employees and violated the recruitment rules. The court directed the corporation to first consider the petitioners for promotion to the next higher posts before making recruitment to those posts on a point-to-point basis from among the muster roll employees.
Final Decision: The court issued a writ of mandamus directing the respondent-corporation to first consider the petitioners for promotion, if they are so eligible, to the next higher posts before they make recruitment to those posts on point to point basis from amongst the muster roll employees.
( 1 ) THE petitioners are regular and confirmed employees of the respondent-corporation holding the ranks of Wiremen Grade II, Electric Motor Driver and Beldar in the Electric Department (General Wing) of the Municipal Corporation of Delhi. Their grievance in this petition is that they are not being considered for promotion at the time when some master roll employees are being inducted into the various posts in this Department.
( 2 ) THE pyramidical structure of the aforesaid categories of employees is as follows :-
(I) Wiremen Grade I (Class III ).
(II) Wiremen Grade II (Class IV ).
(III) Electric Motor Driver (Class IV ).
(IV) Beldar (Class IV ).
THOUGH there are no statutory rules for recruitment to the aforesaid posts, nevertheless the respondent-corporation has from time to time passed resolutions purporting to frame some-recruitment rules. These rules have been framed for recruitment to the posts of Electric Motor Driver, Workmen Grade If (Class IV) and Workman Grade I (Class III ). The age limit as well as the qualifications required for the said posts are contained in the said rules. The said rules , which have been placed on record by the petitioners, provide that for recruitment to the post of Electric Motor Driver the method of recruitment is by promotion failing which by direct recruitment. The persons eligible for promotion are Beldars on the basis of seniority-cum-merit. For the posts of Workmen Grade II the method of recruitment is. 100 percent by promotion failing which by direct recruitment. Those persons working as Electric Motor Drivers are eligible for being considered for promotion provided they have two years service in that grade and also fulfil other requisite qualifications. Recruitment to the posts of Workmen Grade I is again 100 per cent by promotion failing which by direct recruitment. Those presons working as Workmen Grade II having two years service in the grade and who fulfil the other qualifications mentioned therein are eligible for recruitment.
( 3 ) PETITIONERS 1 to 7, at the time when the petition was filed, were working as Workmen Grade II. Petitioners 8 to II were working as Engine Motor Drivers (EMD) and the rest of the petitioners Nos. 12 to 22 were working as Beldars. According to the petition, each one of the petitioner is eligible for being considered for promotion to the next higher grade.
( 4 ) BECAUSE of the volume of work, and possibly for some other reason which is act immediately decipherable, the respondent-Corporation has been having a policy of engaging people on muster roll basis. From time to time for doing different type of word, such recruitment has been made. Seme of the people who have been so engaged have continued for a number of years. It seems that there must have been some sort of an agitation by some employees because thereafter in agreement was reached between the respondent-corporation and the Union representing the muster roll employees. As a result of the agreement, a decision was taken by the respondent-corporation, which was communicated by a letter dated 7th August , 1980 from the Commissioner, Municipal Corporation to the Secratarty, Municipal Corporation to the effect that it had been decided that the muster roll staff working on the side should be given the benefit of post to post regularisation as had been done in the civil side. This proposal was accepted by the Corporation by its resolution dated 11th August, 1980 and it was stated that the approval of regularisation on post to post basis was being given in public interest. It was also decided that those muster roll employees who, since 1970, had been regarded as Beldam should also be given this benefit. It might here by stated that previously the practice which was being followed by the respondent-corporation was that irrespective of the work which was being done by the muster roll employees, they were being regularised only as Beldars. For example, if a person was asked to
