NEW DELHI MUNICIPAL COUNCIL versus P.P. GARG AND ANR.

NEW DELHI MUNICIPAL COUNCIL versus P.P. GARG AND ANR.

Employees promoted as Assistant Engineer (E & M) and retained in Auto Workshop, which forms part of the Electrical Wing, are entitled to pay scale as per the Shiv Shankar Committee Report since NDMC failed to provide evidence that these posts were created in or transferred to the Civil Wing.

Parties
Appellant: New Delhi Municipal Council; Respondents: P.P. Garg and Another
Jurisdiction
India
Judgment Date
20 February 2007
Procedural Posture
Civil Appeal / Appeal From Final Judgment and Order of High Court of Delhi at New Delhi in L.p.a. No. 34/2004
Outcome
Appeal dismissed
Legal Topics
Pay Scale, Promotion, Municipal Employment
Service Law Pay Scale Promotion Municipal Employment

Case Brief

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Parties

New Delhi Municipal Council

Appellant

P.P. Garg and Another

Respondents

Procedural Posture

Civil Appeal / Appeal From Final Judgment and Order of High Court of Delhi at New Delhi in L.p.a. No. 34/2004

Legal Issues

  1. 1 Whether employees promoted to Assistant Engineer (E & M) and retained in Auto Workshop are entitled to Shiv Shankar Committee pay scale
  2. 2 Whether the post of Assistant Engineer (E & M) was created in the Civil Engineering Wing or forms part of the Electrical Wing

Ratio Decidendi

Employees promoted as Assistant Engineer (E & M) and retained in Auto Workshop, which forms part of the Electrical Wing, are entitled to pay scale as per the Shiv Shankar Committee Report since NDMC failed to provide evidence that these posts were created in or transferred to the Civil Wing.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs