Central Administrative Tribunal - Delhi
Hakim Singh & Others vs Mcd & Others on 31 August, 2010
Central Administrative Tribunal Principal Bench, New Delhi O.A.No.678/2010 Tuesday, this the 31st day of August 2010 Honble Shri Shanker Raju, Member (J) Honble Dr. Veena Chhotray, Member (A) Hakim Singh & others ..Applicant Ms. Rekha Palli and Ms. Amrita Prakash, Advocates for applicants Versus MCD & others ..Respondents Shri Deepak Goel and Shri Vipin Kumar, Advocates for respondents 1 & 2 Shri Dhanesh Rehlan, Advocate for respondent 3 O R D E R (ORAL)
Shri Shanker Raju:
TA No. 913/2009 (with connected TA-933/2009) titled Virender Singh & others v. The Municipal Corporation of Delhi & others filed by Malis, who have come from Delhi Development Authority (DDA) to Municipal Corporation of Delhi (MCD), was allowed by this Tribunal on 18.11.2009 with the following directions:-
3. It is stated that in DDA, ACP pay scale to these categories is higher than what has been given by the respondents in MCD and as the terms and conditions are not altered by the Corporation they are bound to give the same to the applicants.
4. On the other hand, learned counsel appearing for DDA states that applicants being erstwhile work charged employees, clause-6, if literally interpreted, protects the service conditions, as existing on the date of transfer and would not apply in future.
5. However, the learned counsel appearing for MCD has also resisted the claim on the ground that ACP Scheme does not envisage a higher pay scale than what is entitled. Respondents vide Resolution No.334 dated 4.9.2000 approved implementation of the ACP Scheme and accordingly the same has been given to the applicants, which is in consonance with law.
6. On careful consideration of the rival contentions of the parties, in our considered view, on transfer of applicants from DDA to MCD what has been protected and safeguarded is not the terms and conditions, as existed but also on the premise that the same would be admissible if they had continued to be in DDA. This clearly establishes that even the future benefits are also protected in DDA. The only exception to deny is when the terms and conditions are altered by the Corporation, which have not been altered. As we find that in DDA the higher pay scale has been given to these categories as ACP pay scale, the same having been lowered down, without any alteration of service conditions, the conditions are disadvantageous to the applicants and they are altered to their detriment without any opportunity, which cannot be countenanced in law.
7. Accordingly, the TAs stand disposed of with a direction to the respondents to consider the claim of applicants for enhancing the pay scale in ACP, within a period of three months from the date of receipt of a copy of this order. No costs.
2. We have been told by the parties that against the said order of Tribunal, respondents have approached the High Court of Delhi where the matter is sub judice and no final decision has been arrived at.
3. As the applicants, Malis, who have come from DDA to MCD with protection of their service conditions, are in all fours identically situated with those applicants in TA-931/2009 (supra), we dispose of this matter, taking into consideration the stiff resistance from the respondents, with a direction to the respondents to consider the claim of the applicants for enhancing the pay scale in Assured Career Progression within a period of three months from the date of receipt of a copy of this order. No costs.
( Dr. Veena Chhotray ) ( Shanker Raju ) Member (A) Member (J) /sunil/