Indian Kanoon - Search engine for Indian Law

48. Therefore, in view of the aforesaid rule, the management is duty bound to implement the same service condition for their employees as being given to the employees of the Central Govt.

49. In the present case, the enhancement in the pay scale for Statistical Assistant are not disputed and in fact further corroborated by the management witness i.e. MW-2 Dr. Rakesh Kumar who has duly conceded in his cross-examination that "It is correct that rules and regulations of Central Government regarding revision of pay scales etc. are applicable upon the management. It is correct that Central Government and Delhi Government revised the pay scale of post of Statistical Assistant to Rs. 5000- 8000/- w.e.f. 01.01.1996. It is correct that MCD instead of granting pay scale on actual basis w.e.f. 01.01.1996 granted the same on notional basis w.e.f. 01.01.1996 and with actual benefits w.e.f. 13.08.2009. It is also correct that Delhi Government has also revised the pay scale of post of Statistical Assistant to Rs. 5500-175-9000/- w.e.f. 01.01.1996 on notional basis with actual benefits w.e.f. 01.12.2006, however, the MCD has granted the said pay scale on notional basis w.e.f. 01.01.1996 and with actual benefits w.e.f. 13.08.2009. The said difference in grant of actual benefits of the aforesaid pay scale on the part of management/MCD is due to financial constrained of the said management."

50. Therefore, in view of the admission of the aforesaid management witness which was ultimately adopted by NDMC, EDMC and SDMC, it is established that Central Government and Delhi Government revised the pay scale of post of Statistical Assistant to Rs. 5000- 8000/- w.e.f. 01.01.1996. It has also come on record that Delhi Government has also revised the pay scale of post of Statistical Assistant to Rs. 5500-175-9000/- w.e.f. 01.01.1996 on notional basis with actual benefits w.e.f. 01.12.2006, however, the MCD has granted the said pay scale on notional basis w.e.f. 01.01.1996 and with actual benefits w.e.f. 13.08.2009. It is also conceded that rules and regulations of Central Government regarding revision of pay scales etc. are applicable upon the management.

"The case for revision of pay scales of Statistical Assistant was examined by the department and proposal of department was approved by the Corporation vide its resolution No. 94 dated 15.06.2009 and the pay scale of Statistical Assistant was revised from 4500 - 7000 to 5000-8000 w.e.f.

01.01.1996 on notional basis and the financial benefits were given w.e.f. 13.08.2009. The Statistical Assistant were granted the financial benefits w.e.f. 13.08.2009 due to financial constraints. The MCD is still facing the financial crunch due to which the actual benefit of revision of pay scale cannot be given w.e.f. 01.01.1996 to Statistical Assistant. Hence, the Statistical Assistant are entitled to actual financial benefits w.e.f. 13.08.2009 i.e. the date from they were given financial benefits and not from 01.01.1996. "

56. In view of this judgment and discussion above, the management cannot escape from its liability to pay the workmen the benefits of pay scale as enhanced from time to time by the Central as well as Delhi Govt. Therefore, this tribunal is of the opinion that action of the management of MCD in not paying the workmen of the Statistical cadre (Statistical Assistants, Computer and Statistical clerk of MCD) of the MCD the financial and consequential benefits of the pay-scale of Rs. 5000-8000 of the post of Statistical Assistant on actual basis w.e.f. 01.01.1996 is illegal and /or unjustified.