Holding

Employees whose posts are interchangeable with those already granted SSC pay‑scales are entitled to the same benefit, while those in distinct, non‑interchangeable cadres are not.

Summary

The Supreme Court examined several writ petitions filed by employees of the New Delhi Municipal Committee (NDMC) seeking the benefit of the Shiv Shankar Committee (SSC) pay‑scales on the ground of equal pay for equal work under Article 39(d) of the Constitution. The petitions concerned various categories – auto‑workshop staff, duplicating‑machine operators, gunmen/dog shooters, junior technical assistants (Hindi), assistant store‑keepers, pump drivers in non‑electricity wings, junior NavYug school staff and telephone operators – and whether they fell within the unified ministerial cadre already granted the SSC scales in R.D. Gupta’s case. The Court held that employees whose posts are interchangeable with those already covered – such as auto‑workshop workers, duplicating‑machine operators, gunmen/dog shooters, junior technical assistants, assistant store‑keepers and pump drivers in other wings – are entitled to the SSC pay‑scales. Conversely, the junior NavYug school staff and telephone operators belong to distinct cadres and are not entitled to the same benefit. Accordingly, the Court ordered the Delhi Administration and NDMC to pay arrears and grant future benefits to the eligible categories within three months. The petitions of the ineligible categories were dismissed.

Issues considered

Whether the various categories of NDMC employees fall within the ministerial cadre or a similar cadre already granted SSC pay‑scales.
Whether denial of SSC pay‑scales to these categories violates the principle of equal pay for equal work under Article 39(d).

Legislation cited

Constitution of Indias. Article 226, s. Article 32, s. Article 39(d)

Subjects

equal pay for equal workministerial cadreShiv Shankar Committeepay scalesNDMCArticle 39(d)unified cadrediscrimination

Judgment

NARENDRA KUMAR AND ANR. ETC. A
v.
DHARAM DUTT AND ANR. ETC.

MARCH 17, 1993

[KULDIP SINGH AND N.M. KASLIWAL, JJ.] B

Constitution of India, Article 39(d)-'Doctrine of equal pay for equal
work'-/mplementation of-Shiv Shankar Committee's pay scales-Extension
of to New Delhi Municipal Committee staff-Technical staff in electricity wing
and the ministerial staff in general wing, electricity wing and water works wing c
granted benefit-Employees in other sections, department~ether entitled
to equal pay.

The New Delhi Municipal Committee by its resolution dated 19.10.
~
1973 extended the benefit of higher pay scales recommended in the Shiv
Shankar Committee Report, to its staff working in the electricity wing. D
Following this, the employees working in the general wing of the NDMC
also raised demand for granting them the benefit of those pay scales. In
the meantime, by its resolution dated 27.6.1978 the NDMC constituted,
with effect from 1.5.1978, the electricity wing composed of 28 technical and
496 ministerial posts and decided to give all of them scales of pay as per E
S.S. Committee's Report. In the writ petitions filed in the High Court the ~ ..... -
--(
,.ministerial staff failed to receive full relief.

This Court in R.D. Gupta & Ors. etc. v. Lt. Governor, Delhi Ad-
ministration & Ors. etc., [1987] 3 SCR 808 found that the entire ministerial
- staff in the NDMC constitutes a unified cadre. The ministerial posts in ,the
general wing, the electricity wing and the water works wing are interchan-
F

geable posts and postings are made from the common pool according to
administrative convenience and exigencies of service and not on the basis
of any distinct policy or special qualifications. It was thus held that all
sections of the ministerial staff should be treated alike and all of them
G
were entitled to the same scales of pay for the work of equal nature done
by them.

).._ In order to extend the benefit of R.D. Gupta's case, the NDMC by its
~
order dated 9.6.1988, revised the pay scales of 18 categories of employees
who constituted 496 posts forming the electricity cell. By another order H
413
414 SUPREME COURT REPORTS f1993) 2 S.C.R.

A dated 27.7.1988 the NDMC extended the benefit of S.S. Committee's scales
to eight allied categories of sweepers, subsequently, all the drivers of the
NDMC were extended benefit of R.D. Gripta's case.

On the question: whether the petitioners fall within the cadre of
ministerial staff or fall in similar cadres which have already been granted
B the benefit of S.S. Committes's pay scales,

Dispo~ing of the wrifpetitions, the Court,

HELD: 1. There is no valid justification for discriminating the
employees of the Auto Worksllop which forms a part and parcel of the
C electricity wing of the NDMC, since the benefit of the pay scales recom·
mended by the S.S. Committee has been allowed by the NDMC to the 18
categories of employees which include daftry, peon, chowkldar, sweeper
etc. [422D-E] ' ...
D 2. The NDMC having allowed the benefit of S.S. Committee's scales
to rat catchers and dog catchers vide order dated 27. 7:1988, there is no
valid justification for denying such benefit to duplicating machine
operators and gunmen/dog shooters. There is. nQ essential difference in
the job work done by gunmen/dog shooters. The post of duplicating
machine operators in trasferable and interchangeable from other class IV
E employees of the NDMC who have already been granted benefit of S.S.
Committee's pay scales vi de order dated 9.6.1988. [422E]

3. Both the posts of Junior Technical Assistant (Hindi) and Assistant
Store-Keeper are such posts which clearly fall within the ministerial cadre.
They are thus entitled to the benefit of S.S. Cotnmittee's scales. [423B]
F
4. The benefit of S.S. Committee's pay scales having already been
extended to the pump drivers in the electricity wing, there is no valid
ground or justification to deny such benefit to the pump drivers working
in the water supply, horticulture·and civil wings of NDMC. [423C]
•
G 5. The employees of Junior ~bvyug School run by NDMC fall in a
different cadre altogether and·as such cannot claim the benefit of S.S.
Committee's pay scales on the basis of R.D. Gupta's judgment. Their posts
are not interchangeable or transferable from any other post under the
NDMC. The nature and the duties performed by them are totally different
H and they cannot be granted the benefit of the S.S. Committee's pay scales
""' NARENDRA KUMAR v. DHARAM DUTI [KASLIWAL, J.] 415

on the basis of any equality with the other employees of NDMC who have A
->-- been granted such benefit. [423D-E]

6. The telephone operators working in the NDMC fall in a separate
cadre and their posts are neither interchangeable nor transferable with
the other members of the service in the NDMC. That apart, the petitioners
are trained Telephone Operators and Senior Telephone Operators and as B
such do not fall within the category of ministerial staff and are not entitled
to the benefit of S.S. Committee's pay scales on the basis of R.D. Gupta's
case. [423F)

7. The respondent-Delhi Administration and NDMC are directed to
take appropriate steps within t_hree months and make payment of the
c
entire arrears and grant future benefit in the pay scales as recommended

,.. by S.S. Committee. [424B)

ORIGINIAL JURISDICTION : Writ Petition (Civil) No.3 of 1990
etc. etc. D
(Under Article 32 of the Constitution of India).

K.T.S. Tulsi, Addi. Solicitor General, M.K. Ramamur.thy, Govinda
Mukhoty and N. Santosh Hegde, Ms. C. Ramamurthi, M.A. Krishna Moor-
thy, M.A. Chinnaswamy, H. Subramaniam, Ms. C.M. Chopra, A Bhat- E
tacharjee, G.S. Chatterjee, H.K. Puri, M.P. Jha, Serva Mitter, R.K.
·(
Maheshwari, Yineet Maheshwari, Ms. Niranjan Singh, B.D. Prasad, K.
Swamy and B.K. Prasad for the appearing parties.

- The Judgment of the Court was delivered by

oi
KASLIWAL, J. All these cases are an upshot the case R.D. Gupta
F
& ·Ors. etc. v. Lt. Govemor, Delhi Administration & Ors. etc., [1987] 3 S.C.R.
808. It is not necessary for us to give the background and history of the
constitution of the two main civic bodies namely, New Delhi Municipal
Committee (in short 'MDMC') and the Municipal Corporation of Delhi
(in short 'MCD'), in the Union Territory of Delhi as the same has already G
been mentioned in detail in the above R.D. Gupta's case (supra). We would
thus mention only such details which are re_levant and necessary for the
purpose of deciding the above cases. All the above cases relate to- the
employees of the NDMC who are claiming the benefit of the report of Shiv
Shankar Committee (in short 'SSC') in respect of the grant of pay-scales. H >-
416 SUPREME COURT REPORTS [1993] 2 S.C.R.
'.
A as allowed to other employees of NDMC in R.D. Gupta's case.

The Government accepted the report of the Third Pay Commission
and granted pay-scales as recommended to the employees of NDMC as
well as to the MCD. The technical staff of the Delhi Electricity Supply
Undertaking (in short 'DESU') claimed higher scales of pay as they were
B not satisfied with the pay-scales recommended by the Third Pay Commis-
sion. The Government therefore constituted Shiv Shankar Committee to go
into the question of revision of pay-scales of the technical staff of DESU.
The SCC submitted its report in 1973 accordin!l to which higher pay-scales
were allowed to the technical staff of DESU. The non-technical/ministerial
c staff of DESU who were not covered by the report of the SSC demanded
that they should also be granted pay-scales as recommended by the SSC.
The DESU considered the demand of the ministerial staff at its meeting
held in May 1973 and de~ided to revise the pay-scales of the non-technical
staff also working in DESU.
D
Since the technical as well as the ministerial staff working in the
DESU were granted the pay-scales recommended by SSC, the NDMC also.
by its resolution No.154 dated 19.10.1973 allowed the benefits of pay-scales
as recommended.by ·~st to its staff working in the electricity wing. In view
of the fact that the benefit of the SSC pay-scales was granted by the NDMC
E to the ministerial staff. working in the electricity wing only, the employees
working in the general wing of the NDMC also raised a demand for
granting them also ~he ·benefit of the pay-scales recommended by SSC.
Many orders were passed from time to time and writ petitions were also
filed by the \concerned parties, but we do not think it necessary to give the
F details as the same have bee!) narrated in R.D. Gupta's case and we come
to the resolution of the NDMC dated 27.6.197B constituting the electricity
wing with effect from 1.S.1978 or such subsequent date as may be fixed
composed of 28 posts of pump drivers, two posts of ivelders, three posts
of carpenters and one post of pump. mechan,ic and 496 posts of ministerial
staff and to give all of them scales of pay as per SS Committee Report.
G Three petitions under Article 226 of the Constitution viz. CW Nos. 1231,
557 and 280 of 1978 were filed in the Delhi High Court. We are only
concerned with the grievance of the ministerial staff who were claiming to
be treated at par with the ministerial staff of the electricity wing in the
matter of pay and allowances. The m;nisterial staff in the general wing
H · having not received the full relief in the High Court filed C.A. 2969 of 1973
I
NARENDRA KUMAR v. DHARAM DUTI [KASLIWAL, J.] 417

before this Court. It was claimed in the said appeal that instead of restrict- A
ing the payment of SS Committee pay-scales to the 496 ex-cadre posts in
the electricity wing and directing the NDMC to fill up those posts on the
basis of seniority-cum-option, the High Court should have directed the
NDMC to give the SS Committee -pay-scales to all the members of the
ministerial staff. In RD. Gupta's case, this Court decided many appeals by B
a common order, but we are only concerned with the C.A.. No. 2969 of
1983 which relates to the ministerial staff in the general wing of the NDMC.
It was contended by the appellants in the said appeal that the electricity
wing of the ND MC was not a distinct and independent unit entitled to have
its own scales of pay and secondly the ministerial staff of the NDMC
belonged to a unified cadre and the staff members were liable to transfer C
from one branch of the NDMC to another and as such the NDMC cannot
create a cadre within a cadre and fix different scales of pay for those in
the carved out cadre. It was also urged that the nature of the duties
performed by the ministerial staff in all the three wings of the NDMC is
more or less similar, if not identical, and hence the well established rule D
of 'equal pay for equal work' should govern the staff members. This Court
in R.D. Gupta's case held that the grievance of the 'ministerial staff of the
general wing was well founded. The ministerial staff in the NDMC con-
stituted a unified cadre. The recruitment policy for the selection of the
ministerial staff is a common one and the recruitment is also done by a
common agency. They are· governed by a common seniority list. -The E
ministerial posts in three wings of the NDMC, viz. the general wing, the
electricity wing and the water works wing are interchangeable posts and
the postings are made from the common pool according .to administrative
convenience and exigencies ohervice and not on the basis of any distinct
- policy or special qualifications. It was held that it would be futile to say
that merely because a member of the ministerial staff had been given a
F
posting in the electricity wing, either due to force of circumstances or due
to voluntary. preferment, he stands on a better or higher footing or in a
more advantageous position than its counterparts in the general wing. It
was thus held that all sections of the ministerial staff should be treated alike
and all of them were entitled to the same scales of pay for the work of G
equal nature done by them.

After the above decision in R.D. Gupta's case, the employees of
NDMC working in different departments have filed the above writ petitions
under Article 32 of the Constitution or Civil Miscellapeous Petitions in H
418 SUPREME COURT REPORTS [1993] 2 S.C.R.

A R.D. Gupta's case which have been directed by this Court to be treated as
Writ Petitions by order dated 17.11.1989. In all these cases the employees ~
have prayed for granting the same pay-scales including the ex-gratia
benefits as was recommended by SSC.

Writ Petition No.1 of 1990 has been filed by NDMC Workship
B Employees Association on behalf of the employees of Auto Workship of
NDMC. In Writ Petition No.5 of 1990, the petitioners are Class IV
employees of NDMC holding the posts of Duplicating Machine Operators
and Gunmen/Dog Shooters. In Writ Petition No.3 of 1990, the petitioners
were initially appointed as Junior Clerks and subsequently promoted to the
c posts of Junior Technical Assistants (Hindi) also knows as Translator
(Hindi}. In Writ Petition No.13 of 1990, the petitioner is working on the
post of Assistant Store-Keeper. In Writ Petition No.292 of 1990, the
petitioners are pump drivers in the water supply, horticulture and civil
wings of NDMC. In Writ Petition No.1109 of 1990, the petitioners are the
employees of Junior Navyug School run by NDMC. In Writ Petition No.409
D of 1990, the petititioners are working as Telephone Operators under the
NDMC.

The short controversy to be decided in the ab~ve cases is whether
the petitioners fall within the cadre of ministerial staff or fall in similar
E cadres which have already been granted the benefit of SSC pay-scales? It
is no longer in controversy now that the ministerial staff working in all the
wings are also entitled to the same benefit of SSC pay-scales as has been
given to the ri:.inisterial staff working in the electricity wi~g of the NDMC.
It has already, been decided in R.D. Gupta's case that the entire ministerial
staff in the NDMC constitutes a unified cadre. The ministerial post in the
F three wings of the NDMC viz., the General Wing, the Electricity Wing the
the Water Works Wing are interchangeable posts and the postings are
made from the common pool according to administrative convenience and
exigencies of service and not on the basis of any distinct policy or special """
qualifications. •
G
It may be further noted that the NDMC itself in order to extend the
benefit of R.D. Gupta's case in a meeting dated 9.6.1988 resolved as under:-

"IMPLEMENTATION OF BENEFIT OF S.S. SCALE -
EXTENSION OF BENEFITS SUPREME COURT
H JUDGMENT SLP.11270 OF 1982 SHRI R.D. GUPTA
NARENDRA KUMAR v. DHARAM DUTT [KASLIWAL, J.] 419

AND OTHERS VERSUS LG. DELHI AND OTHERS. A

The Committee as per the advice of the Law Deptt. and
the opinion given by our counsel, justice V.D. Mishra on
26.2.1988 had decided that following categories of
employees who constitutes 496 posts created by the
NDMC while forming the Electricity Cell vide Reso. B
passed on 27.6.1978 should be extended the benefits:-

1. Office Supdt.
2. HNAccountant
c
3. Personal Asst!.
4. Sr. Clear
5. Stenographers
6. Jr. Clerk D
7. Asstt. Storekeepers
8. Adrema Operators
9. Asstt. Adrema Operators
E
10. Asst!. Record Keepers
-{
11. Daftry
12. Peon

- 13. Bill Collector

14. Sorter
F

15. Ferro Printer
16. Chowkidar
17. Sewerman G
18. Sweeper

!-- Accordingly, the Committee passed orders to extend the
benefits vide orders dated 26.2.1988 to all the above H
420 SUPREME COURT REPORTS (1993) 2 S.C.R.

A categories. These employees have already been paid a part
of the arrears and salaries under S.S. Scale. The CAP
while checking the pay fixation have required a formal
resolution of the Committee for processing the cases.
Accordingly, this is noted to the Committee for informa-
tion in continuation of Reso. No.26 dated 9.2.1988.
B
ADMINISTRATOR'S DECISION
Information noted.'

By another order dated 27.7.1988 the benefit of S.S. Committee's
C scales was extended to the following cadre of employees:-
"NEW DELHI MUNICIPAL COMMITTEE

DATED: 27.7.1988

OFFICE ORDER
D
Under the orders of the Administrator dated 18.7.1988
the following allied categories of sweepers are extended
the benefit of S.S. Scales in terms of Reso. No.26 dated
9.2.1988 read with Reso. No.52 dated 9:6.1988 as they form
E the common cadre of sweepers.

1. Lorry Belders

2. Dumping ground beldars

F · 3. Bhisties

4. Rat catchers

:5. Verandha Beldars

G 6. Hawker Raid Van beldars

7. Sweepers-cum-chockidars

8. Dog catchers.

H Sd/- Asstt. Secy. (Health)
NARENDRA KUMAR v. DHARAM DUTI [KASLIWAL, J.] 421

Copy to:- A
1. All Estts.: with the request to fix the pay of the above
mentioned categories in the S.S. Scales.

2. DS (E)
B
3. A.S. (Ale)

4. P.A. to Secy. NDMC

5. C.A.O.

6. O.S. (CBS)
c
7. Supdt. NCs.

8. File

9. P.A. to F.A. D

10. OS (CE-1)

The case is laid before the· Committee of Officers presided over by the
Administrator for consideration arid decision if the benefit of Supreme E
Court Judgment dated 7.8.1987 be extended to all the Drivers in anticipa-
tion of the approval of the Lt. Governor, Delhi and in the anticipation of
the confirmation of the Minutes of the Committee.

- ADMINISTRATOR'S DECISION F

Resolved by the Committee of Officers and decided by the Administrator
that benefit of Supre~e Court judgment dated 7th Aug. 87 is extended to
all the Drivers of th~ Committee in the anticipation of the approval of the
L.G. Delhi . .'The action be· taken in anticipation of confirmation of the G
minutes of the Committee."

In Writ Petition No.l of 1990, the contention of the petitioners is that
they are employees working in the Auto Workshop of NDMC which is a
part and parcel of the. electricity establishment and their duties are mini-
sterial in nature. It has been further contended that the Auto Workshop H
422 SUPREME COURT REPORTS (1993) 2 S.C.R.

A employees have to work throughout on the ground beneath the vehicles
belonging to all departments whether it belongs to electricity, water or the +
adminstrative staff and they have to work for such time till a vehicle is fit
for traffic and have to maintain the vehicle not only for administrative staff
but also for the electrical, health, water etc. It has been further urged that
Auto Workshop employees are part and parcel of electrical wing and their
B appointments, promotions, pension, salaries, increments, transfers, main-
tenance of personal filing is done by the electricity establishment.
Moreover, their services are inter-transferable such as drivers, cleaners,
helper, peon, chowkidar, sweepers, fitters, khalasis working in the Auto
Workshop can be and are transferred to other departments. It has also
c been urged that a discriminatory treatment has been given in the case of
the petitioners inasmuch as a fitter which is a promotional post from
amongst peon or chowkidar or sweeper is getting less pay-scale than the
peon or chowkidar and likewise clearner which is a promotional post is
getting less pay-scale than a chowkidar, peon and sweeper.
D We find force in the submission of the petitioners. As already men-
tioned above the benefit of the pay-scales recommended by the SSC has
been allowed to the NDMC to the 18 categories of employees which
includes, daftry, peon, chowkidar, sweeper etc. and we find no valid
justification for discriminating the employees of the Auto Workshop which
E forms a part and parcel of the electricity wing of the NDMC.

In Writ Petition No.5 of 1990, the petitioners are Class IV employees
of NDMC holding posts of Duplicating Machine Operators and Gun-
men/Dog Shooters. Needless to say that NDMC has allowed the benefit of
F SS Committee's scales to Rat Catchers and Dog Catchers vide order dated
27. 7.1978 as already quoted above and we find to valid justification for
denying such benefit to Duplicating Machine Operators and Gunmen/Dog
Shooters. When such benefit has been allowed to Rat Catchers and Dog
Catchers, there is no essential difference in the job work done by Gen-
men/Dog Shooters. The Duplicating Machine Operators are also Class IV ""'
G employees and such post is transferable and interchangeable from other
Class IV employees of the NDMC who have already been granted the
benefit of SSC's pay-scales vide order dated 9.6.1988 already mentioned
above.
"""·
H In Writ Petitoin No.3 of 1990, the petitioners are working as Junior
NARENDRA KUMAR v. DHARAM DUTI [KASLIWAL, J.] 423

Technical Assistants (Hindi) and are also known as Translator (Hindi). In A
Writ Petition No.13 of 1990, the petitioner is working on the post of
Assistant Store-Keeper. Both the above posts of Junior techincal Assistants
(Hindi) and Assistant Store-Keeper are such .posts which clearly fall within
the ministerial cadre. Learned counsel appearing foi:_ the NDMC was
unable to show any material on record for taking a contrary view.
B
In Writ Petition No.292 of 1990, the petitioners are pump drivers
employed in the water supply, horticulture and civil wings of NDMC. The
benefit of SSC pay-scales has already been extended to the pump drivers
in the electricity wing and there in no valid ground or justification to deny
such benefit to the pump drivers working in the water supply, horticulture C
and civil wings of NDMC.

In Writ Petition No.1109 of 1990, the petitioners are the employees
of Junior Navyug School run by NDMC. In our view, the employees of the
school though run by NDMC fall in a different cadre altogether and as
such cannot claim the benefit of SSC pay-scales on the basis of R.D. D
Gupta's Judgment. It is not their case that their posts are interchangeable
or transferable from any other post under NDMC. The nature and the
duties performed by the petitioners are totally different and they cannot
be granted the benefit of the SSC pay-scales on the basis of any equality
with the other employees of NDMC who have been granted such benefit. E
I

In Writ Petition No.409 of 1990, the pet1t10ners are working as
Telephone Operators. The Telephone Operators fall in a separate cadre
and their posts are neither interchangeable nor transferable with the other
members of the service in NDMC. That apart the petitioners are Trained F
Telephone Operators and Senior Telephone Operajors and as such do not
~ fall within the category of ministerial staff and·-as such are not entitled to
the benefit of SSC pay-scales on the basis of R.D. Gupta's case .

. In the above cases we are only concerned with the granting of benefit
of SSC pay-scales. on the basis of R.D. Gupta's case and as such we are G
holding that the petitioners working in the Navyug School in Writ Petition
No.1109 of 1990 and Telephone Operators in Writ Petition No. 409 of 1990
are not entitled to the benefit of the SSC pay-scales. These petitioners are
free to make their claim if any, for the revision of their pay-scales to the
competent authoriLies. H
424 SUPREME COURT REPORTS (1993) 2 S.C.R.

A In the result, we allow Writ Petition Nos. 1, 3, 5, 13, and 292 of 1990
and grant them the benefit of SSC pay-scales in the same manner .as ~
granted to other employees vide Resolution No.26 dated 9.2.1988 read with
Resolution No.52 dated 9.6.1988. The respondent-Delhi Administration
and NDMC shall take appropri.ite steps within three months of the notice
B of this order and make payment of the entire arrears and grant future
benefit in the pay-scales as recommended by SS Committee. The Writ
Petition Nos.1109 of 1990 and 4()9 of 1990 are dimissed. No order as to :).
costs.

P.S.S. - · Petitions disposed of.

-"'-..