Central Administrative Tribunal - Delhi
Shri Lalit Mohan (Se-Retd.) vs Dda & Ors. Through on 2 February, 2012
Central Administrative Tribunal Principal Bench New Delhi OA No.3288/2010 MA No.2509/2010 MA No.3324/2010 & MA No.1538/2011 Reserved on 24.01.2012 Pronounced on 02.02.2012 Honble Mr. Justice V.K. Bali, Chairman Honble Dr. Ramesh Chandra Panda, Member (A) 1. Shri Lalit Mohan (SE-Retd.) S/o Late Shri Devi Dutt Chhimwal, R/o 115-C, DDA Flat (Red), Rajouri Garden, New Delhi-27. 2. Shri Vijay Kumar Chopra (SE-Retd.), S/o Late Shri R.P. Chopra, R/o 198, Nilgiri Apartment, Alaknanda, New Delhi-19. 3. Shri Raj Kumar (SE Retd.), S/o Late Shri Murari Lal Agrawal, R/o 25-D, Pocket-3, Mayur Vihar, Delhi-91. 4. Shri Jagat Singh Yadav (SE Retd.), S/o Shri Srichand Yadav, R/o H.No.28, Village Said-ul-Ajaib, P.O. Mehrauli, New Delhi-30. 5. Shri D.K. Warman (SE Retd.), S/o Late Shri R.R.K. Warman, R/o D-2/2469, Vasant Kunj, New Delhi-70. 6. Shri S.D. Sehgal (SE-Retd.), S/o Late Shri G.R. Sehgal, B1/508, Janakpuri, New Delhi-58. 7. Shri D.K. Jain (SE Retd.), S/o Shri R.S. Jain, R/o 53, Shanti Vihar, Delhi-91. 8. Shri Janak S. Asnani, S/o Shri S.V. Asnani, R/o H.-120, Lajpat Nagar-I, New Delhi-14. 9. Shri Sultan Singh Jain, (SE Retd.), S/o Shri Shive Charan Jain, R/o 67-B, Pocket-III, Mayur Vihar, Delhi-91. 10. Shri N.K. Seth, (SE-Retd.), S/o Shri L.R. Seth, R/o 203-G MIG (Green), Rajouri Garden, New Delhi-27. 11. Shri R.S. Sharma (SE-Retd.), S/o Shri B.D. Sharma, R/o 2978-B, Sant Nagar, Rani Bagh, Delhi-34. 12. Shri Krishan Kumar (SE Retd.), S/o Late Shri Beni Ram, R/o B-2/82 (FF), Ashok Vihar, Ph-III, Delhi-52. 13. Shri N.K. Gupta (SE REtd.), S/o Late Shri Madan Gopal, R/o B-3B/77A, MIG Flat, Janak Puri, New Delhi-58. 14. Shri Brij Bhushan Airy (SE-Retd.), S/o Late Shri S.N. Airy, R/o 2/121, Sadar Bazar, Delhi Cantt-10. 15. Shri R.K. Bahal (SE-Retd.), S/o Late Shri Mengh Raj Bahal, R/o E-27, Mansarovar Garden, New Delhi-15. 16. Shri Janeshwar Tyagi (SE-Retd.), S/o Late Shri Inderjeet Tyagi, R/o 12-B , Pkt-1, Mayur Vihar Ph-1, Delhi-91. 17. Shri Anil Kumar Kashyap (SE- Retd.), S/o Late Shri Sankar Lal, R/o Flat No.85, GC Emerald Tower-2, Ramprastha Green Sec-7, Vaishali, Ghaziabad (UP)-201010. 18. Shri Parmod Kumar (SE-Retd.), S/o Late Shri Kishori Lal, R/o 5300 Chandrawal Road, Old Sabzi Mandi, Delhi-07. 19. Shri Karan Singh (SE-Retd.), S/o Shri Jaswant Singh, Flat No.8-B, Pocket A5C, Janak Puri, New Delhi-58. 20. Shri Lakhvinder Chaudhary (SE/CC-13), S/o Late Shri Jagdish Chaudhary, R/o 129/KG-1, Vikas Puri, New Delhi-18. 21. Shri H.K. Kapoor (SE/CC17), S/o Shri J.M. Kapoor, R/o G-35, Sector-39, NOIDA. 22. Shri K.S. Dhawan (SE/CC-2), S/o Shri Parbodh Singh, A-1, DDA Staff Qtrs, Old Rajender Nagar, New Delhi-60. 23. Shri Om Dutt (SE(P)-2), S/o Shri J.R. Rattan, R/o C-2/2050 Vasant Kunj, New Delhi-70. 24. Shri Santosh Kumar Gupta (SE(HQ) SZ), S/o B.D. Gupta, Flat No.209, Plot No.41, Elephanta Height Apartment, Sector-10, Dwarka, New Delhi-75. 25. Shri S.K. Anand (SE(P) I), S/o Shri M.C.Anand, R/o B-3, DDA Flat, Old Rajender Nagar, New Delhi-60. 26. Shri A.B. Talloo (Sec-CC-15), S/o SHRI B.G. Talloo, R/o C-7/86, SDA, New Delhi-16. 27. Shri J.P. Verma (SE/CC-1), S/o Shri R.L. Verma, R/o 52, DDA Staff Flats, Ber Sarai, New Delhi-16. 28. Shri Suresh Chandra Agarwal (SE/HQ/CWG), S/o Shri Late Shri Prem Chandra, R/o C-47, Sector-15, NOIDA-201301. 29. Shri Suresh Kumar Sethi (SE/CC1/CWG), S/o Late Shri J.C. Sethi, R/o A-26/F1, Dilshad Garden, Delhi-95. 30. Shri Vinod Sawhney (SE/CC-2/CWG), S/o Shri M.L. Sawhney, R/o ED-52A, Pitam Pura, Delhi-34. 31. Shri D.P. Singh (SE/CC-3/CWG), S/o Late Shri Ganga Dass, R/o D-3, Shivlok CGHS, Plot No.6, Sector-6, Dwarka, New Delhi-75. 32. Shri Ravindra Kumar Gupta (SE(P)/CWG), S/o Late Shri Murari Lal Gupta, A-20, 1st Floor, Gitangli Enclave, New Delhi-17. 33. Shri Lachhman Singh (SE(P)/R), S/o Late Shri Atma Ram, Flat No.1-A, Plot No.20/ 1 Krishna Nagar, Opp. B-4/211 S.J. Enclave, New Delhi-29. 34. Shri Narender Kumar (SE (HQ)R), S/o Shri Ghasi Ram, R/o 22B, DDA MIG Flats, Rampura, Delhi-35. 35. Shri Sudhir Kumar Sharma (SE/CC-6), S/o Shri G.R. Sharma, R/o F-53, Ashok Vihar Ph-1, Delhi-52. 36. Shri S.P. Singh (SE/CC-9), S/o Shri Hari Singh, R/o 345, Sector-4, Vaishali, Ghaziabad U.P. 37. Shri Shashi Kumar Gupta (SE/CC-14), S/o Shri K.C.Gupta, R/o C-52X-1, MIG Flats, Dilshad Garden, Delhi-95. 38. Shri Virendra Singh (SE/CC-7), S/o Shri Nahar Singh, R/o IX/4992, Kaushik Puri, Gandhi Nagar, Delhi-31. 39. Shri Umesh Kumar (SE/CC-11), S/o Shri K.R. Nim, R/o 5A, IP Apartment, Gazipuar, Delhi-96. 40. Shri Adarsh Kumar Malik (SE/CC-12), S/o Shri Nand Lal Malik, R/o M-484 (GF), Guru Hari Krishan Nagar, Paschim Vihar, New Delhi-87. 41. Shri K.S. Dabad (SE), S/o Shri Diwan Singh, R/o 16/97, Vasundhara, Sahibabad, Ghaziabad. 42. Shri K.R. Hingorani (SE/CC-3), S/o Shri R.R. Hingorani, II-I-29A, Lajpat Nagar, New Delhi-24. 43. Shri H.O. Chauhan (SE/CC-8), S/o Shri S.L. Chauhan, R/o C-7/10 SDA Hauz Khas, New Delhi-16. 44. Shri V.S. Jainth (SE/CC-10), S/o Shri Kabool Singh, R/o D-88, Chander Nagar, Ghaziabad, U.P. 45. Shri R.C. Adlakha, Dir (Works), S/o Shri G.C. A dhlakha, R/o 7, Mausam Vihar, Delhi-51. 46. Shri Rohit Kumar (SE(Vig.)-1, S/o Late Shri Harish Chandra, D-802, Antriksh Apartment, Plot No.26, Sector-4, Dwarka, New Delhi-75. 47. Shri A.K. Gulabani (SE(VIG)-2, S/o Late Shri B.M. Gulabani, R/o 2/13-A, Vikram Vihar, Lajpat Nagar-IV, New Delhi-24. 48. Shri Anil Kumar Singh (SE), S/o Shri G.P. Singh, R/o D-233, IInd Floor, Ramprastha, Ghaziabad U.P. 49. Shri Satya Prakash, SE(D), S/o Shri O.P. Bansal, R/o 2/8, Shanti Niketan, New Delhi. 50. Shri Jai Kishan Garg, SE (Arb), S/o Shri Mangat Rai, R/o A-45, Lok Vihar, Pitampura, New Delhi-34. 51. Shri S.K.Bhatia, (Project Manager Flyover), S/o Shri K.C. Bhatia, R/o B-116, First Floor, Malviya Nagar, New Delhi.17. 52. Shri Virender Bhatia, Dir (MM), S/o Late Shri Shori Lal Bhatia, R/o A-3/54, Janak Puri, New Delhi-58. 53. Shri S.K. Leekha, SE(Retd.), S/o Shri Charan Dass, R/o C-602, Sector-4, Dwarka, New Delhi-75. 54. Shri Brij Pal, SE(HQ)EZ, S/o Late Shri Chohal Singh, D-215-A/SF-1, Ram Prastha Colony, Ghaziabad. 55. Shri P.P. Verma, Director (W/C) Estt., S/o Shri Khushi Ram Verma, H.No.769, Ward No.6, Mehrauli, New Delhi-110030. 56. Shri B.S. Mathur, SE(Retd.), S/o Shri Ranjit Singh, 179, SFS Flats, Ashok Vihar, Ph.IV Dehi-110052. Applicants (By Advocate : Shri M.K. Bhardwaj) Versus DDA & Ors. through : 1. Lt. Governor, Govt. of NCT of Delhi, Raj Niwas, Delhi. 2. The Vice Chairman, DDA, Vikas Sadan, INA, New Delhi. Respondents. (By Advocate : Shri Karunesh Tandon) : ORDER :
Dr. Ramesh Chandra Panda, Member (A) MA No.1538/2011 After issue of notice to the respondents on 29.09.2010 when the case came up on 31.3.2011, no one appeared on behalf of the respondents and taking note that respondents availed three earlier opportunities and one last opportunity was granted to the respondents for filing reply subject to the payment of cost of Rs.2000/-. The respondents filed the reply affidavit on the same day i.e. on 31.3.2011 and moved the present MA on 13.5.2011 requesting to waive the cost imposed by recalling the Tribunal order. There is no objection from the side of the applicants. Thus, for the reasons given in the MA, the cost imposed on the respondents is waived and the MA is allowed.
OA No.3288/20102. Pay parity is the claim of the applicants with their counterparts in the Central Public Works Department (CPWD).
3. Fifty four applicants who have retired or are presently serving as Superintending Engineer (SE) in Delhi Development Authority (DDA) have joined together in the present OA seeking following relief(s) :-
i) to quash and set aside the impugned order 15/2/2010 and direct the respondents to grant higher pay scale Rs.14300-18300 with all consequential benefits including the pay scale of Rs.37400-67400-PB-4 (6th CPC) to the applicants with all consequential benefits including arrears of pay.
to direct the respondents to remove the anomaly by revising the pay scale of applicants to Rs.14300-16300 (37400-67400) from 1/1/1996 and 01.01.2006 with arrears of pay with 18% interest.
To allow the OA with cost.
To pass such other and further orders which their lordships of this Honble Tribunal deem fit and proper in the existing facts and circumstances of the case.
4. The facts of the case in brief are that prior to the 5th Central Pay Commission (CPC), there were two grades for the post of SE i.e. Junior Administrative Grade (JAG) and Non-Functional Selection Grade (NFSG) with Rs.3700-5000/- and Rs.4500-5700/- pay scales respectively. Considering stagnation in the Engineering Cadre, a single functional scale of Rs.4500-5700 was recommended. In the 5th CPC, the pay scale of SE in the Group A Engineering Service was revised to Rs.14300-400-18300 and the SEs in CPWD got the pay scale but SEs in DDA did not get the said pay scale. Hence, the applicants submitted their representation requesting to treat them on par with SEs in CPWD to extend the benefits of the said pay scale which was extended to many other organizations like APMC, JNU, IIT. When the 6th CPC was constituted, they were assured that their grievances on pay parity would be redressed on receipt of 6th CPC recommendations. In the meantime, SEs in CPWD were granted replacement pay band of Rs.37400-67400 with admissible grade pay but the applicants did not get the said pay band. It is the case of the applicants that they represented the authorities concerned in DDA who recommended to the Government of India to restore the historical parity by granting them pay scale of Rs.14300-18300 during the 5th CPC and Pay Band 4 with Grade Pay in the 6th CPC. The recommendations of DDA are as follows :-
Many Supdt. Engineers of DDA have been coming to the undersigned with the request for fixing of their pay in Pay Band -4 of the new pay scale of the recommendations of 6th CPC. Some of them have also made representation to the VC, DDA in this regard. The Supdt. Engineers of CPWD have all got their pay fixed in pay Band 4 of the new Scale of pay. Since DDA is also following CPWD pattern, it is felt that the SE of DDA should also get their pay fixed in the new scale of pay in Pay Band-4. It would be pertinent to mention here that in the earlier pay scales The EE of CPWD as well as DDA were getting the pay scale of Rs.10,000-22000/-. The SEs of CPWD were getting the pay scale of Rs.14300-18300 as per the notification dated 24/1/2002 which has not been implemented in DDA till date. This anomaly can certainly be set right and the SE of DDA should also get their pay fixed in Pay Band-4 instead of PB-3. The undersigned would strongly recommend for correcting this anomaly and allowing Pay Band-4 for the SE of DDA. VC, DDA is requested to kindly decide favorably in the matter. As no action was taken on the above recommendations, the applicants submitted representation in November, 2009 and January, 2010 but the same was rejected vide order dated 15.2.2010 (Annexure-A1) inter alia holding the view that SE in DDA were not similar to SE in CPWD as EE in CPWD would be eligible for promotion as SE after rendering minimum of 13 years of Group A service whereas in DDA minimum of 7 years of service would be required for SE promotion eligibility. This stand of the respondents is disputed by the applicants. It is stated that as per the Recruitment Rules of Central Engineering (Civil) Group A Service (Amendment) Rules, 2005, 9 years of service is required to become eligible for promotion to the SE grade. It is the case of the applicants that in other departments/organizations 13 years of Group A service is not being insisted for promotion as SE and taking note of these aspects DDA again recommended the applicants request to Government to give proper and cogent justifiable reasons and the said proposal is still pending with the Ministry of Urban Development. Feeling aggrieved, the applicants have approached the Tribunal in the instant OA.
5. Representing the applicants, Shri M.K. Bhardwaj submits that the SE post in Government of India is same in all Departments with same pay scale and it is rather strange that SE in DDA which is part of Government gets lesser pay scale. In the garb of the plea that 13 years of regular Group A service as eligibility condition promotion to the rank of SE in CPWD and other organizations, the condition which is not insisted upon, the respondents are not legally right to deny the same pay scale to the SE in DDA. Shri Bhardwaj drew our attention to the additional affidavit (MA No.3324/2010) filed by the applicants to state that (i) as per Business Rule of the Government Notified on 27.5.2000, the DDA is an organization coming under the control of Department of Urban Development; and (ii) as per the advertisement , the pay scale of SE in IIT and Guru Govinda Singh Indraprastha University, is same as SE in CPWD. He submits that though DDA has separate RRs, DPC and Conduct Rules but the DDA mutatis mutandis follows the Government Rules. The DDA has been adopting the CPC recommendations since its inception and when the historical parity remained prior to 5th CPC, the same should not have been denied in 5th and 6th CPC. In the rejoinder, the applicants have stated that the eligibility for promotion from EE to SE prior to 5th CPC was 7 years in DDA and 5 years in CPWD and the DDA continued with same 7 years after 01.01.1996 whereas CPWD revised the said eligibility criteria to 9 years. His contention is that the works/functions the SEs discharge in both CPWD and DDA being same, their salary should be same. It is, further, contended that the Engineering Cadre in DDA is smaller than CPWD and promotion prospects being limited an Engineer takes about 25 years to reach EE grade and that is the reason the eligibility for further promotion to SE rank has been kept at 7 years. Shri Bhardwaj, therefore, urges to allow the OA.
6. The respondents in the reply affidavit have taken the stand that recommendations of 5th Central Pay Commission as approved by the Government of India were implemented in DDA on as is where is basis w.e.f. 1.1.1996 as per Authoritys Resolution No.166/97 and accordingly No.1500 dated 1.12.1999 read with E.O. No.878 dated 16.6.06 was issued whereby all the DDOs were advised to fix the pay of SEs in the revised pay scale of Rs.14,300-18,300/- after they have completed 13 years of service in Group A. Copy E.O. No.1500 dated 1.12.1999 read with E.O. No.878 dated 16.6.06 is at Annexure R1. The DOP&T in the OM dated 6.6.2000 conveyed that on completion of 13 years the said pay scale would be applicable to the SEs in CPWD.
7. Shri Karunesh Tandon learned counsel appearing on behalf of the respondents submits that the Recruitment Rules of Engineering Cadre in DDA and CPWD are not similar. As per the Recruitment Rules for the post of S.E. in CPWD, the post is to be filled up by promotion (selection-cum-merit) from amongst EEs with 9 years regular service in the scale of Rs.10000/- Rs.15200/- including the service of NFSG of Rs.12000-16500/- and possessing Degree in Engineering from a recognized University or equivalent, whereas in DDA the post of S.E. (Civil) is in the pay scale of Rs.12000-16500/- and is to be filled up from amongst EEs with 7 years regular service in the grade and no condition of possessing Degree in Engineering is prescribed in the Recruitment Rules. It means an Executive Engineer with Diploma in Engineering is also eligible for promotion to the post of SE (Civil). In CPWD, although the pay scale of Rs.14300-18300/- of the post of Superintending Engineer was functional in view of DOPT OM dated 6.6.2000, but it is stated that an Engineer to get promotion to the post of SE, he/she has to complete 13 years of Group A service (4 years as A.E.E.+ 9 years as EE) whereas in DDA an EE with only 7 years service is eligible for promotion to the post of S.E. (Civil). It is further clarified that the pay scale of Rs.14300-18300/- is being given to SEs who have completed 13 years Group A service with 4 years service in the scale of Rs.12000-16500/- in compliance of DOPT OM dated 6.6.2000. It is further stated that since the service conditions of the SEs in the DDA and CPWD are not similar, as such, the PB of Rs.37400-57400 with GP Rs.8400/- was not given to the SEs in the DDA.
8. Having heard the contentions of the parties, we have very carefully considered the pleadings as well. The applicants claim for pay parity relates to two different CPCs viz 5th CPC and 6th CPC. Before we deal with issue of pay parity during both CPCs, we may briefly outline the settled position in law on the pay parity issue.
9. It is trite law that the fixation and grant of pay scale is prerogative of the executive which should be left to the expert body like the Pay Commission. However, the recommendations made by the Pay Commission is subject to the acceptance or rejection or modification by the Government of India. It is also well settled position of law that the Tribunal and Court cannot direct the Government either to accept the pay fixation recommended by the Pay Commission or to direct grant of pay parity, or equal pay for equal work unless there is full and complete functional similarity between the two groups of employees. Jurisdiction of the Tribunal in judicial review in this context is not to sit on appeal over the decision taken by the Government on the Pay Commission recommendations. Only if the pay parity existed earlier have been brought out clearly, and discrimination is noticed against the affected employees, the Courts and Tribunal have jurisdiction to interfere and direct the respondents-Government to rectify the said anomaly. In this context, we draw strength from the judgments of the Honble Supreme Court in Union of India Versus Arun Jyoti Kundu [(2007 (2) SCC (L&S) 695]. In a three judge Bench in the case of M.P. Rural Agriculture Extension Association Vs. State of M.P. [ 2004 SCC (L&S) 667] the Honble Apex Court, inter alia, prescribed that Article 14 does not forbid reasonable classification and the Court and Tribunal cannot prescribe equal scales of pay for different class of employees and when recommendations are made by a Pay Commission where the evaluation of job has been made, should not be interfered with to issue any writ in the nature of mandamus. However, it is settled preposition of law that once the final recommendations made by the expert body like the Pay Commission is accepted by the Government, the benefit of Pay Commission on the principle of equal pay for equal work cannot be denied to the employees and if there is any such denial on discriminatory and arbitrary grounds, the same would not only violate Article 14 of the Constitution but would provide opportunity for the Court and Tribunal to interfere.
10. In respect of the pay scale of Rs.14300-18300 claimed for SEs w.e.f. 01.01.1996 i.e. from the effective date of 5th CPC pay scale implementation, it is noticed that the 2nd respondent vide its OA No.1500 dated 01.12.1999 has issued the order authorizing the DDOs of SEs to fix pay of SEs in the said pay scale after they have completed 13 years of Group A service. The said order reads as follows :-
Recommendations of the 5th Pay Commission, as approved by the Government of India were implemented in DDA on as is where is basis w.e.f. 1.1.96, as per Authoritys Resolution No.166/97.
2. As per recommendations of 5th Pay Commission and as approved by the Government of India, Supdtg. Engineers are granted higher pay scale of Rs.14,300-18,300/- after completion of 13 years service in Group A.
3. All the DDOs of SEs, may, therefore, fix the pay of SEs in the revised pay scale of Rs.14300-18300/- after they have completed 13 years of service in Group A. This will be effective from 1.1.96.
This issue with the approval of Competent Authority.
11. In the context of the above order, we may refer to the DOP&T OM No.22/1/2000 CRD dated 06.06.2000 which has inter alia dealt on the paragraph 50.45 of 5th CPC relating to the pay scales of SEs and EEs and their equivalent in the Organised Group A Engineering Services. The relevant part of the OM is reproduced below :-
3..After careful consideration of all relevant aspects, the President is now pleased to decide as follows :-
The functional grade of Rs.14300-18300 shall be applicable to the posts of Superintending Engineers and equivalent that are variously designated and included in the organized Group A Engineering Services, recruitment to which is made through the Combined Engineering Services Examination. Placement of Personnel in this functional grade will, however, be subject to actual availability of vacancies in the grade. This shall be permitted only on completion of atleast thirteen years of regular service in Group A and the prescribed regular service of four years in the scale of pay of Rs.12000-16500, which will henceforth be the non-functional second grade for Executive Engineers and equivalent.
It is likely that functional promotions to posts of Superintending Engineers and equivalent may be possible in some of the organized Group A Engineering Services before completion of thirteen years of regular service in Group A as stipulated by the FCPC because of the cadre structure of individual services. Members of Services so promoted will continue to remain only in the scale of pay of Rs.12000-16500 till they become eligible for the scale of Rs.14300-18300 in terms of (a) above. They will however, be entitled to the benefit of pay fixation under FR 22(l)(a)(i) on promotion. This benefit will not be available again on their placement in the scale of Rs.14300-18300. . . .. .. ..
4. Only a higher eligibility criterion of thirteen years of regular Group A service has now been prescribed for appointment to the posts of Superintending Engineer and equivalent in the functional scale of pay of Rs.14300-18300/ Placement in the higher scale of pay does not, however, involve assumption of higher responsibilities in the case of regular incumbents of the post in the pay-scale of Rs.12000-16500 (pre-revised: Rs.3700-5000). Appointments to this scale of pay will consequently be governed by the instructions contained in paragraph 2.2 of this Departments O.M. No.22011/10/84-Estt. (D) dated February 4, 1992. In other words, in the case of regular incumbents of these posts (Superintending Engineer), who had completed the prescribed qualifying service of thirteen years on or before January, 1, 1996, they may be placed in the scale of Rs.14300-18300 from that date. In the case of other regular incumbents of these posts, who fulfill the qualifying service on a later date, they should be appointed to the scale of Rs.14300-18300 only from the date on which they complete thirteen years of regular service in Group A. Their placement in the scale will be further subject to the condition that they had been promoted functionally to the posts of Superintending Engineer and equivalent against vacancies and after observing the prescribed selection procedures.
12. It is seen from the above OM that the said decision has universal application across the Departments and Department of Urban Development and DDA are no exception to the same. The advertisements of IIT, Ropar and Guru Gobind Singh Indraprastha University displaying the pay scale of SE as Rs.37400-67000 with Grade Pay of Rs.8700 (pre-revised Rs.14300-18300) are for direct recruitment and not for promotion. The experience as engineer for minimum years of service for direct recruitment are not comparable criteria with the number of years of service in Group A as eligibility criteria of years of service in Group A as eligibility criteria for promotion. Thus, the plea of the applicants does not convince us.
13. In view of the similarity between the DDA order dated 01.12.1999 and the DOP&T OM dated 06.06.2000, we note that the pay parity along with eligibility for the promotion to the SE grade has been extended to the SEs in DDA. The applicants have not demonstrated before us, the SEs having less than 13 years of Group A service [AEE + EE] getting pay scale of Rs.14300-18300. Thus, we note that there is no discrimination against the applicants compared to their counterparts in CPWD. Even if the EEs get promotion of SE, they continue in the NFSG pay scale till they complete 4 years in that scale and 13 years in the Group A Engineering Service (AEE and EE). They become eligible to draw Rs.14300-18300 only on the fulfillment of these two conditions. In view of the above reasons, we are of the opinion that there is no pay disparity between the applicants and their similarly situated and circumstances Engineers in CPWD.
14. We may advert to the pay parity claimed by the applicants in the 6th CPC. It is apt to note that the impugned order dated 15.2.2010 passed by the 1st respondent while rejecting the representation of the applicants has inter alia mentioned the following :-
Sub : Representation from DDA Engineers Welfare Council regarding fixation of pay in the pay scale of Rs.14300-16300/- (pre-revised) converted into Rs.27400-67400/- with Pay Band 4 for S.Es in DDA.
Sir, Please refer to your letter Dy. No.16/MOS/UD/FTS-2009-DDIA dated 21.12.2009 on the subject cited above.
2. In this connection, it is to inform that the request of DDA Engineers Welfare Council regarding fixation of pay of Superintending Engineers in the pay scale of Rs.14300-16300/- (pre-revised) converted into Rs.37400-67400/- with Pay Band 4. The matter has been examined in this office and it has been observed that the Recruitment Regulations for the post of Superintending Engineers in DDA and CPWD are not similar. In CPWD, an Executive Engineer becomes eligible for promotion to the post of Superintending Engineer after rendering minimum 13 years Group A service (4 years service as Assistant Executive Engineer and 9 years as Executive Engineer) whereas in DDA, minimum 7 years service as Executive Engineer is required for promotion to the post of Superintending Engineer. It is relevant to mention that for the last three years, vacancies in the cadre of Superintending Engineers are being filled up by obtaining relaxation in the length of service criteria i.e. from 7 years to 5 years as Executive Engineers. The case was also submitted to Honble L.G., Delhi / Chairman, DDA, and the proposal for upgradation of pay scale of Rs.1200-16500/- to Rs.14300-18300 (pre revised) in the cadre of Superintending Engineer has not been agreed to.
15. Though the above communication provides the reasons which are in conformity with DDA order dated 1.12.1999 and DOP&T OM dated 06.6.2000, but has not clearly indicated the replacement pay scale for the SE in DDA and the applicants entitlement in the 6th CPC. During the 5th CPC, there were two types of SEs in the DDA i.e. (i) the SEs fulfilling both the eligibility criteria entitled to Rs.14300-18300 and (ii) the SEs not in respect of both eligibility conditions but promoted as SE getting pay in the pay scale of Rs.12000-16500. As per the Government decision on the 6th CPC recommendations, the replacement pay bands and Grade Pay for the two pay scales of 5th CPC are as follows :-
Sl. No. 5th CPC Pay Scale 6th CPC Pay Band + Grade Pay
01. Rs.12600-16500 PB 3 Rs.15600-39100 + Rs.7600
02. Rs.14300-18300 PB 4 Rs.37400-67000 + Rs.8700
16. On a careful examination, it is noted that 1st category of SEs would definitely be entitled to get Rs.37400-67000 with Grade Pay Rs.8700. However, it is for the executives to work out the replacement Pay Band and Grade Pay for each of the applicants who have been in service as on 01.01.2006 and intimate all of them by separate orders.
17. Having considered the totality of facts and circumstances of the case, we note that applicants claim during the 5th CPC does not have merit. However, as there is no clarity about their grievances for the pay scales in the 6th CPC, we have issued directions to the respondents in the foregoing paragraphs.
18. Thus, the Original Application is disposed of in terms of our above orders and directions. No costs.
( Dr.Ramesh Chandra Panda ) ( V.K.Bali )
Member (A) Chairman
rk