S. Chellaiah & Ors vs New Delhi Municipal Council & Anr .

Name of the Post,Pay Scale,Name of the Post,Pay Scale

AE (Civil),6500-200-10500,Assistant Director (Hort.),6500-200-10500

EE(Civil),10000-325-15200,Dy. Director (Hort.),10000-325- 15200

SE (Civil),12000-16500- 14300-18300,Director (Hort.),12000-16500- 14300-18300

Accordingly, we allow the writ petition in part, with a direction to the respondents to consider and decide the representation of the petitioners within",,,

a period of three months, keeping the above factor in mind, and also in line with Office Order dated 20.10.1994 issued earlier by the NDMC, which",,,

we reproduce below:,,,

“NEW DELHI MUNICIPAL COUNCIL,,,

PALIKA KENDRA: NEW DELHI,,,

CIVIL ENGG. ESTT. UNIT-I,,,

C.O.N. Engg/Estt-I/4283/GC-I Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â dated 20.10.1994,,,

OFFICE ORDER,,,

Consequent upon sanctioning of higher pay scale to Junior Engineer (Civil) and S.O. (Horticulture) by the Govt. of India Ministry of Urban,,,

Development in their letter No.12014/2/87-EW-2 dated 22.3.91 and with the approval of Special Officer, NDMC, the Jr. Engrs.(Civil) and",,,

S.Os (Hort.) of NDMC on their completion of 5 years service in the existing entry grade pay scale of Rs.1400-40-1000-EB-50-2300 (Pro-,,,

revised pay scale of Rs.425-15-500-E.B.-15-560-20-700) earlier granted vide Reso. No.47-A dated 14.10.86 are given the higher grade pay,,,

scale of Rs.1640-60-2600-EB-75-2900 w.e.f. 1.1.86. The initial appointment of J.E (C)/S.O.(Hort.) will continue to be in the pay scale of,,,

Rs.1400-40-1800-EB-50-2300.,,,

The higher grade of pay scale of Rs.1640-2900 will not be treated as promotional one but will be non-functional and the benefit of F.R.,,,

22(C) now F.R. 22(I) (a) (i) will not be admissible to them as there will be no change in their duties & responsibilities.,,,

Further, the J.Es (C) & S.O.(Hort.) on completion of 15 years of total service and having not been promoted to the post of Assistant",,,

Engineer (Civil)/Assistant Director (Hort.) in the scale of Rs.2000-60-2300-EB-75-3200-100-3500/- non-availability of such vacancies are,,,

allowed further higher of Rs.2000-3500 on personal basis w.e.f. 1.1.91. As and when regular vacancies in the cadre of Asstt. Engr.,,,

(Civil)/Asstt. Dir. (Hort.) will arise, the Jr. Engr. (C)/S.O.(Hort) enjoying the personal promotion will be adjusted against these vacancies,",,,

subject to observance of normal procedure.,,,

In the matter of pay fixation, the Junior Engr. (C)/Sectional Officer (Hort.) allowed the personal scale, will get the benefit of F.R. 22(i)",,,

(a) (i). However, they will continue to perform the same duties/functions of J.Es (C)/S.O. (Hort.).",,,

The placement of J.Es(C)/S.O (Hort.) in both the higher scales as mentioned above will be on the basis of fitness and overall,,,

performance.,,,

All other terms and conditions in the matter of pay fixation will be as admissible under the rules and guidelines issued on the subject by,,,

the Govt. of India, Ministry of Urban Development, New Delhi, C.P.W.D.â€​",,,

The writ petition stands disposed in the above terms.,,,

Dasti.,,,