NARENDRA KUMAR AND ANR. ETC. versus DHARAM DUTT AND ANR. ETC.

NARENDRA KUMAR AND ANR. ETC. versus DHARAM DUTT AND ANR. ETC.

NDMC ministerial staff across its wings constitute a unified cadre; posts are interchangeable and governed by a common policy. Therefore, all ministerial staff are entitled to equal pay scales as recommended by the Shiv Shankar Committee. Employees performing similar roles for which pay scales have already been extended must be granted the same benefit; discrimination among such groups is unjustified.

Parties
Petitioner: Narendra Kumar and Anr. etc.; Respondent: Dharam Dutt and Anr. etc.
Jurisdiction
India
Judgment Date
17 March 1993
Procedural Posture
Writ Petition (civil) No.3 of 1990 and Others / Final Judgment of the Supreme Court
Outcome
Writ Petition Nos. 1, 3, 5, 13, and 292 of 1990 allowed; Writ Petition Nos. 1109 and 409 of 1990 dismissed.
Legal Topics
Equal Pay for Equal Work, Discrimination in Pay Scales, Implementation of Pay Commission Recommendations
Constitutional Law Labour Law Equal Pay for Equal Work Discrimination in Pay Scales Implementation of Pay Commission Recommendations

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Parties

Narendra Kumar and Anr. etc.

Petitioner

Dharam Dutt and Anr. etc.

Respondent

Procedural Posture

Writ Petition (civil) No.3 of 1990 and Others / Final Judgment of the Supreme Court

Legal Issues

  1. 1 Whether petitioners fall within ministerial staff cadre or similar cadres entitled to benefit of Shiv Shankar Committee pay scales
  2. 2 Whether there is valid justification for differentiation between various NDMC staff categories regarding pay scales

Ratio Decidendi

NDMC ministerial staff across its wings constitute a unified cadre; posts are interchangeable and governed by a common policy. Therefore, all ministerial staff are entitled to equal pay scales as recommended by the Shiv Shankar Committee. Employees performing similar roles for which pay scales have already been extended must be granted the same benefit; discrimination among such groups is unjustified.

Court Disposition

Writ Petition Nos. 1, 3, 5, 13, and 292 of 1990 allowed; Writ Petition Nos. 1109 and 409 of 1990 dismissed.

Orders

  • Delhi Administration and NDMC directed to take appropriate steps within three months, make payment of entire arrears and grant future benefits in pay scales as recommended by Shiv Shankar Committee.
  • No order as to costs.