Legislative rules cannot operate retrospectively without clear statutory authority; decisions must treat similarly placed individuals equitably under Article 14 of the Constitution.

JUDGMENT

Satish Chandra Sharma, C.J.

C.M. APPL. NO. 43665/2022

1. This is an Application preferred by the Petitioner seeking condonation of delay in preferring the instant Letters Patent Appeal against the Judgement of the Ld. Single Judge of this Court dated 04.07.2022 in W.P. (C) 3564/2022.

2. For reasons stated in the Application, the delay is condoned.

C.M. APPL. NO. 43666/2022

3. Exemption allowed, subject to all just exceptions.

4. The Application stands disposed of.

LPA 569/2022

5. The instant Letters Patent Appeal ("LPA") has been preferred against the Judgement of the Ld. Single Judge of this Court dated 04.07.2022 in W.P. (C) 3564/2022 ("Impugned Order"). Vide the Impugned Order, the Ld. Single Judge had dismissed the Petition of the Appellant herein.

6. The brief facts of the case reveal that the Appellant was appointed as the Chairman of the Delhi Minorities Commission ("DMC") on 19.07.2017 vide notification by the Lt. Governor of the National Capital Territory of Delhi, in exercise of the powers conferred under Section 3 of the Delhi Minorities Commission Act, 1999 ("DMC Act, 1999").

7. On 17.07.2018, the Council of Ministers of Respondent No. 1, Government of NCT of Delhi ("GNCTD") convened a meeting and as per Decision No. 2600 taken therein, the Council of Ministers resolved to increase the consolidated salary of Chairperson of the Delhi Commission for Safai Karamchari and Delhi Commission for OBCs, to Rs. 2,00,000/- (Rupees Two Lacs only). It was further resolved that the said revision would be applicable to Delhi Commission for Protection of Child Rights, Delhi Commission for Women and the Delhi Minorities Commission.

8. Vide notification dated 10.10.2018 issued by the Department of Women and Child Development, GNCTD, the consolidated honorarium of the Chairperson of the Delhi National Commission for Women was also increased to Rs. 2,00,000/-. Subsequently, on 05.07.2019 GNCTD issued a notification effectuating Cabinet Decision No. 2600 of the Council of Ministers, thereby increasing the consolidated salary of the Chairperson for OBCs to Rs. 2,00,000/.

9. The Chairperson along with other members of the DMC had preferred several representations to the Hon'ble Lieutenant Governor GNCTD, Hon'ble Chief Minister of Delhi, Deputy Chief Minister of Delhi and Chief Secretary GNCTD, among other higher officials of GNCTD. It was stated therein that the salaries of other commissions had been increased however there has been no increase in respect of DMC. It was further stated that the file of DMC had been opened sometime in mid-January but was subsequently labelled as 'temporarily closed'. It was submitted by the Appellant that DMC's file which was 'temporarily closed', may be opened up again and the salaries of respective office bearers of DMC be increased with effect from the date of the decision taken by the Council of Ministers i.e., w.e.f. 17.07.2018. Representations were preferred on 04.02.2019, 24.05.2019, 24.06.2019, 26.07.2019 and 09.10.2019.

10. Several communications were also sent by officials of the Respondent on 16.08.2018, 05.07.2019, 11.07.2019, and 20.09.2019 pursuant to queries raised by the Appellant and other office bearers of the DMC. These communications were in respect of the progress of the file regarding amendment and increase of salaries of Chairperson and other office bearers of the DMC. The respondents vide letter dated 16.08.2018 communicated the Minutes of Meeting o