The court ruled that without express language, amendments to salary statutes cannot be given retrospective effect, upholding the principle of equality and fair administrative action under Article 14.

JUDGMENT

V. Kameswar Rao, J.

C.M No. 1647/2022 (Condonation of Delay - 18 days)

This is an application filed by the petitioner seeking condonation of 18 days delay in filing the rejoinder affidavit. For the reasons stated in the application delay in filing the rejoinder affidavit is condoned. The same is taken on record.

The application stands disposed of.

W.P. (C) No. 3564/2021

1. The present petition has been filed with the following prayers:

"In the facts and circumstances as enumerated hereinabove, it is most humbly prayed that this Hon'ble Court:

A. ISSUE appropriate directions ensuring that Decision No. 2600 dated 17.07.2018 is given effect to by the Respondents from the said date, including all consequential benefits, such as HRA, and leave encashment.

B. ISSUE appropriate directions ensuring that the Petitioner is granted the benefit of Council of Ministers, Govt. of NCT of Delhi's Decision No. 2600 dated 17.07.2018 in terms of prayer A above.

C. PASS any other direction(s) or order(s) as may be deemed fit."

2. It is the case of the petitioner/Dr. Zafarul Islam Khan that he served as the Chairperson of the Delhi Minorities Commission (hereinafter, 'DMC') from July 20, 2017, to July 19, 2020.

3. The respondent No.1 is the Govt. of NCT of Delhi (hereinafter, 'GNCTD'). Respondent No.2 is the Principal Secretary/Divisional Commissioner (Revenue). The Revenue Department is the Administrative Department responsible for the DMC. Respondent No.3 is the Principal Secretary (Finance), GNCTD. That apart, respondent No.5 is the Secretary, DMC.

4. It is submitted by Mr. M.R. Shamshad, Advocate appearing on behalf of the petitioner that on February 08, 2000, the Delhi Minorities Commission Act, 1999 (Delhi Act 1 of 2000) (hereinafter, DMC Act) came to be notified and published and came into effect on the same date.

5. On November 03, 2000, in exercise of the powers conferred by Section 16(1) of the DMC Act, the GNCTD notified the Delhi Minorities Commission Rules, 2000 (hereinafter, 'DMC Rules, 2000').

6. On July 19, 2017, the petitioner was nominated as Chairperson, DMC, by the Lt. Governor, Delhi in exercise of powers under Section 3 of the DMC Act.

7. On November 24, 2017, the petitioner met with the Chief Minister, GNCTD, and raised the issue of the abysmal salary/honorarium paid to the Chairperson and Members of the DMC. Mr. Shamshad submitted that the Chief Minister orally directed his staff that the same was to be revised on an urgent basis.

8. As per the Minutes of Meeting of the Council of Ministers dated July 17, 2018, it was decided to enhance the salary of Chairperson of the Delhi Commission for Safai Karamchari and the Delhi Commission for OBC to Rs.2,00,000/- per month. It is contended by Mr. Shamshad that the said decision was also made applicable to the Chairman of the DMC. The said decision also stated that the concurrence of the Lt. Governor is not required in light of the then-recent Supreme Court of India's judgment on the issue. On July 20, 2018, the Minutes of Meeting dated July 17, 2018, was circulated by the Joint Secretary of the Council of Ministers, GNCTD.

9. On October 10, 2018, the revision of the honorarium paid to the Chairperson and Members of the Delhi Commission for Women in terms of an amendment to the Delhi Commission for Women (Honorarium and Allowances and Conditions of the Service of the Chairperson and Members and Other Provisions) came to be notified. Thereafter, the honorarium of the Chairperson was increased to Rs.2,00,000/- per month and the honor