Supreme Court of India
SH. BABU LAL, CONVENOR AND ANR.versusNEW DELHI MUNICIPAL COMMITIEE AND ANR.
- Citation
- 1994 INSC 249
- Decided
- 13 July 1994
- Disposal
- Appeal(s) allowed
Holding
The denial of the SS Committee pay‑scales to the SWD Beldars and Mates is arbitrary, discriminatory and violative of Articles 14 and 16; they are entitled to the same pay‑scales.
Summary
The petitioners, class‑IV employees designated as Storm Water Drains (SWD) Beldars and Mates of the New Delhi Municipal Committee (NDMC), sought the pay‑scales recommended by the Shiv Shankar Committee (SS Committee) which had already been granted to other class‑IV staff of the NDMC. The NDMC had extended the SS Committee scales to its ministerial staff and to several other sanitary categories but excluded the SWD Beldars and Mates. The Court examined whether the petitioners were similarly situated to those who received the scales and whether the NDMC’s classification was arbitrary under Articles 14, 16 and 39(d) of the Constitution. Relying on earlier decisions (R.D. Gupta and Narendra Kumar) that held discrimination among class‑IV staff unlawful, the Court found that Beldars are part of the sanitary cadre and there is no valid distinction justifying differential treatment. Consequently, the denial of the SS Committee pay‑scales was held to violate the equality provisions, and the petition was allowed, directing the NDMC to grant the scales prospectively from 1 April 1994.
Issues considered
- Whether Storm Water Drains Beldars and Mates are similarly situated to other class‑IV employees who have been granted the SS Committee pay‑scales.
- Whether the NDMC’s refusal to extend the SS Committee pay‑scales to the petitioners violates Articles 14, 16 and 39(d) of the Constitution.
- Whether the classification of SWD Beldars and Mates as a separate category for pay purposes is arbitrary and discriminatory.
Legislation cited
- Constitution of Indias. Article 14, s. Article 16, s. Article 39(d)
Subjects
equal pay for equal workclass IV employeesdiscriminationarticles 14 and 16service lawpay scalesNew Delhi Municipal CommitteeShiv Shankar Committeestorm water drainsbeldar
Judgment
A SH. BABU LAL, CONVENOR AND ANR.
v.
NEW DELHI MUNICIPAL COMMITIEE AND ANR.
JULY 13, 1994
B (KULDIP SINGH AND S.C. AGARWAL, JJ.]
Service Law : Equal pay for equal work-New Delhi Municipal Com-
mittee-Storm Water Drains Beldars and Storm Water Drains Mates-Claim
for pay scale on par with other class-IV employees of the Committee who are
C similarly situated and doing similar work-Held entitled to the same pay scale
but prospectively.
Constitution of India, 1950: Articles 14, 16, 39(df--Equal pay for equal
work-New Delhi Municipal Committee-Storm Water Drains Beldars and
Storm Water Drains Mates-Claim for parity in pay and allowances on par
D with other Class-IV employees similarly situated and doing similar
work-Held·entitled to.
The petitioners, Clas•·IV employees, working as Storm Water
Drains Beldars (SWD Beldars) and Storm Water Drains Mates (SWD
E Mates) under the Respondent Committee claimed that they were entilltd
to the pay scales recommended by the Shiv Shanker Committee for the
technical staff of Delhi Electric Supply Undertaking (DESU) and made
applicable to the other employees of the Respondent Committee more
particularly the class-IV employees, who are similarly situated, doing same
or similar work and belong to the same similar cadres.
F
·Allowing the writ petition, this Court
HELD : 1.1. The action of the NDMC in denying the SS Committee
pay scales to the petitioners Is arbitrary, discriminatory and Is violative
G or Articles 14 and 16 of the Constitution of India. [583-E-F]
1.2. It Is no doubt correct that the SS Committee did not make any
recommendation In respect of class-IV employees of the NDMC. The SS
Committee made Its recommendations only In respect of the technical staff
of DESU but the NDMC on its own extended the SS Committee pay-scales
H not only to the ministerial staff but also to class-IV employees working in
576
BABU LAL v. N.D.M.C. [KULDIP SINGH, J.) 577
Its electricity wing. [580-F] A
l.3. A "Beldar" Is essentially a Safal Karamchari. There are beldars
under different nomenclature In the service of the NMDC. Beldars, Sewer·
man and Sweepers. by whatever name they may be called are part of the
sanitary staff of the NDMC. They all belong to class-IV service and there
can be no jnstlficatlon in classifying some of them for better treatment. B
[581-A]
R.D. Gupta & Ors. etc. v. Lt. Governor, Delhi Administration & Ors.
etc. [1987] 3 S.C.R. 808 and Narendra Kumar & Anr. v. Lt Governor, Delhi
Administration & Ors., W.P. (C) No. 3 of 1990, relied on.
c
2. NDMC and the Deihl Administration are directed to grant the
.benefit of SS Committee pay scales to the Storm Water Drain~ Beldars
and Storm Water Drains Mates with effect from April, 1,1994. [583-G]
ORIGINAL WRIT JURISDICTION : Writ Petition (Civil) No. 895
~~ D
Under Article 32 of the Constitution of India.
R.C. Pathak for the Petitioners.
S.B. Wad, R.K. Maheshwari and Vineet Maheshwar for the Respon- E
dents.
The Judgment of the Court was delivered by
KULDIP SINGH, J. This petition under Article 32 of the Constitu-
tion of India is sequel to the judgments of this Court in R.D. Gupta & Ors. F
etc. v. Lt Governor, Delhi Administration & Ors. etc., [1987] 3 SCR 808 and
Narendera Kumar & Anr. v. Lt. Governor, Delhi Administration & Ors., Writ
Petition (Civil) No. 3 of the 1990 decided on March 17, 1993. The petition
is on behalf of the Storm Water Drains Beldar (SWD Beldars) and Storm
Water Drains Mates (SWD Mates) who are class IV employees in the
service of the New Delhi Municipal Committee (NDMC). The short ques· G
lion for our consideration is whether. the SWD Beldars and SWD Mates
are entitled to the pay-scales recommended by the Shiv Shankar Commit·
tee (the SS Committee)? The SS Committee pay-scales are claimed by the
petitioners on the ground that the said pay-scales have already been
granted to class IV employees of the NDMC who are similarly situated, H
578 SUPREME COURT REPORTS [1994) SUPP.1 S.C.R.
A doing the same/similar work and belong to the same/similar cadres.
It is not necessary to go into the factual details as the same have been
covered in R.D. Gupta's case and Narender Kumars' case (supra). The
technical staff of the Delhi Electric Supply Undertaking (DESU) were not
satisfied with the pay-scales granted as a result of the recommendations of
B the Third Pay Commission and they demanded higher pay-scales. The
Government, therefore, constituted the SS Committee to go into the ques-
tion of revision of pay-scales of the technical staff of DESU. The higher
pay-scales recommended by the SS Committee were allowed to the tech-
nical' staff of DESU. Later on, the DESU considered the demand of its
c ministerial staff and revised their pay-scales also on the parity of the
technical staff. Thereafter, the NDMC also allowed the benefit of pay-
scales as recommended by the SS Committee to its ministerial staff working
in the electricity wing. The ·ministerial staff working in other departments
of NDMC challenged the action of the NDMC in not extended the SS
D Committee pay-scales to them and this Court in R.D. Gupta's case (supra)
held that all the ministerial staff working in the NDMC are entitled to get
pay-scales recommended by the SS Committee. It was held that the grant·
of SS Committee pay-scales only to the ministerial staff working in the
electricity wing eould not be legally sustained as it suffered from the vice
of discrimination.
E
The NDMC in its meeting dated June 9, 1988 resolved as under :-
"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
F had decided that following categorises of employees who con·
stitutes 496 posts created by the NDMC while forming the
Electricity Cell vide Reso. passed on 27.6.1978 should be extended
the benefits :
1. Office Supdt.
G 2. HA/Accountant
3. Personal Asstt.
4. Sr. Clerk
5. Stenographers
6. Jr. Clerk
H 7. Asstt. Storekeepers
BABU LAL v. N.D.M.C. [KULDIP SINGH, J. J 579
8. Adrema Operators A
9. Asst!. Adrema Operators
10. Asst!. Record Keepers
11. Daftry
12. Peon
13. Bill Collector
B
14. Sorter
15. Ferro Printer
16. Chowkidar
17. Sewerman
18. Sweeper
c
Accordingly, the Committee passed orders to extent the
benefits vide orders dated 26. 2.1988 to all the above 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 D
the cases. Accordingly, this is noted to the Committee for infor-
mation in continuation of Reso. No. 26 dated 9.2.1988."
Similarly, by another order dated July 27, 1988 the benefit of SS
Committee pay-scales was extended to the following employees: -
E
"Under the orders of the Administrator dated 18.7.1988 the fol-
lowing 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 the common cadre of sweepers.
F
1. Lorry Beldars
2. Dumping Ground Beldars
3. Bhisties
4. Rat catchers
5. Verandha Beldars
6. Hawker Raid Van Beldars G
7. Sweepers-cum-chowkidars
8. Dog catchers.
Sdl-
Asstt. Secy. (Health)." H
580 SUPREME COURT REPORTS f1994J SUPP. 1 S.C.R.
A It is further stated by the petitioners that the SS Committee pay-scales have
also been extended to SWD Lorry Bcldars, Silt Lorry Beldars, Filth
Cartrncn. Rubbish Cartme1,, Dumpinr. Ground Mates and Sewermen-cum-
Beldars.
This Court in Narender Kumar's case (supra) directed the grant of
B SS Committee pay-scales to Gunmen/Dog Shooters and Duplicating
Machine Operators on the follo"ing reasoning :
"In Writ Petition No. 5 of 1990, the petitioners are Class IV
employees of NDMC holding posts of Duplicating Machine
c 0
Operators and Gunmen/Dog Shooters. Needles to say that NDMC
has allowed the benefit of SS Committee's scales to Rat Catchers
and dog Catchers vide order dated 22.7.1978 as already quoted
above and we find no valid justification for denying such benefit
to Duplicating Machine Operation and Gunmen/Dog Shooters.
When such benefit has been allowed to Rat Catchers and Dog
D
Catchers, there is no essential difference in the job ,,;ork done by
Gunment/Dog Shooters. The Duplicating Machine Operators are
Class IV employees and such post is transferable and interchan-
geable from other Class IV employees of the NDMC who have
already been granted the benefit of SSC's pay-scales "ide order
E dated 9.6.1988 ,1Jrcady mentioned above."
It i~ not doubt corrcc;l th.ti the SS C'orr1niiH ec did not n1ake any
recommendation in ·respect of class IV employees of the NDMC. The SS
Committee made its recommendations only in respect of the technical staff
F of DESU but the NDMC on its own extended the SS Committee pay-scales
not only to the ministerial staff but also to class IV employees working in
its electricity 11ing. Classifying the employees working in the electricity wing
o. the NDMC for favoured treatment became the cause· for the judgment
of this Court in R.D. Gupta's case. This Court in Narendera Kumar's case
(supra) further held that the NDMC cannot pick and choose employees
G for granting the benefit of SS Committee pay-scales and denying the same
to others who are similarly situated and belong to same/similar cad:es.
The precise question for our consideration, therefore, is whether the
petitioners before us belong to the same class to which the SS Committee
H pay-scales have already been granted by the NDMC.
BABU LAL v. N.D.M.C. [KULDIP SINGH, J.] 581
A ''Beldar" is essentially a Safai Karmchari. There are Beldars under A
different nomenclature in the service of the NDMC. Beldars, Sewermen
and sweepers by whatever name they be called are part of the sanitary staff
of the NDMC. They all belong to Class IV service and there can be no
justification in classifying some of them for better treatment. The
petitioners have pleaded in paras 4, 5 and 6 of the writ petition as under: -
B
"4. That the duty of SWD Beldars is to scavenge and desilt the dirt
and filth from the covered storm water drains constructed and
maintained by Respondent No. 1 within its territorial jurisdiction.
It is the function of the SWD Beldars and SWD Mates to keep
the said drains functional throughout the year. Apart from SWD C
Beldars and the Mates another category of employees who are
- connected with the work of keeping the said storm water drains
clean and functional are SWD Lorry Beldars. At this stage it is
relevant to state that similar work is also performed by sewermen,
sewermates and SWD Lorry Beldars as they are also connected D
with the work of scavenging the dirt and filth from sewers so as to
keep the sewerage system functional and to collect the dirt and
filth from large dustbins known as Dalaos so as to protect the
drainage and sewerage system from being chocked. Jn this context
it is relevant to state that whereas the work of SWD Beldars and
SWD Mates is similar to the work done by above-said other E
categories, tlie SWD Beldars and SWD Mates are treated as a
different class for the purposes of pay-scales and other service
conditions.
5. It is stated that the SWD Beld;rrs and SWD Mates were F
treated as belonging to the category of Sweepers till 1978. It is
further started that natuce of the work of the SWD Beldars and
SWD Mates is similar to the work of employees employed as
sweepers and in other categories such as SWD Lorry Beldars,
Rubbish Lorry Beldars, Sewermen and Sewerma~es. The
categories connected with the work of maintaining clearliitess of G
roads, sewerage system and storm water drains were known as
'Sweeper and Allied Categories. It is further stated that till 1978,
there were interchangeability of posts between the Beldars and the
Sweepers working with the Respondent No.1. A true copy of an
Office Order issued by Respondent No. 1 on 4.3.1978, which H
582 SUPREME COURT REPORTS (1994) SUPP. 1 S.C.R.
A supports the above averment of the petitioners is filed herewith as
Annexure-1.
6. It is stated that the SWD Beldars and SWD Mates are subject
to the administrative control of the Health Department of Respon-
dent No.l. The Health Department of Respondent No.l is the
B appointing and disciplinary authority of sweepers and allied
categories including SWD Beldars and SWD Mates. Prior to 1978,
Beldars and SWD Mates were appointed in the same manner in
which the employees belonging to sweepers and allied categories
used to be appointed. All these categories belonged to a unified
c cadre. The promotional avenues of SWD Beldars and SWD Mates
are the same as are available to the sweepers and any other allied
categories. It is relevant to state at this stage that SWD Beldars
are promoted as Mates on the basis of their seniority. From
amongst the SWD Beldars and the Mates, the promotions are
--
effected to the posts of Assistant Sanitary Inspector on the basis
D of 10 years service and qualifying a departmental written test .
conducted by Respondent No. 1. The sweepers and other allied
categories are also considered alongwith SWD Beldars and SWD
Mates for such promotions. From amongst the Assistant Sanitary
Inspectors, the promotions are effected to the posts of Sanitary
E Inspectors and then to the post of Chief Sanitary Inspectors. From
amongst the Chief Sanitary Inspectors, the promotion is effected
to the post of Dy. Sanitary Officer and finally as a Sanitary Officer.
It is stated that the channel of promotion for the beldars and the
sweepers have been the same .......... "
F
In the counter-affidavit on behalf of the NDMC filed by its Secretary
the averments in paras 4, 5 and 6 of the writ petition have been replied as
under:-
"With reference to paragraphs Nos. 3 to 7 of the petition it is
G submitted that storm water drains Beldar hereinafter called SWD
Beldar, are in the pay-scales of Rs. 750-940; whereas SWD Mates
are in pay-scale of Rs. 800-1150, which is the promotional post. At
present there are about 235 regular SWD beldars and about 19
are working as SWD Mates. It is not disputed that even a super-
H
l visory post has to perform the duties of subordinate staff, if
BABU LAL v. N.D.M.C. [KULDIP SINGH, J.] 583
necessary. Initially SWD Beldars were regularised on the comple- A
tion of 5 seasons whereas the sweepers are appointed by direct
recruitment and as such form a distinct and different category. A
true & correct copy of said Recruitment Rule and promotional
Avenues Annex. III (Colly.) is Annexed as Annexure III (Colly.).
In 1978 there was certain vacancies available in the category of B
sweepers and some of the SWD Beldars offered themselves to
work as sweepers due to the convenience of the concerned
employee. At that time there was no dispute as to the pay-scale of
the sweeper and SWD Beldars or their venue of promotion and
therefore SWD Beldars were absorbed against the permanent C
vacancies available in the sweepers category. This kind of internal
arrangement of transfer from SWD Beldars to the sweeper
category does not make the post interchangeable as alleged or at
all"
It seems to be the admitted position that the work of SWD Beldars D
and SWD Mates i< almost similar to the work of Sewermen/Sewermates
and SWD Lorry Beldars. They are class IV employees and have same
status and similar responsibilities. The NDMC has formed a group of
various categories of class IV employees called Safai Karamcharies for the
purpose of promotion to the post of Assistant Sanitary Inspector. The E
SWD Beldars and SWD Mates are also included in the said group along
with the sewermen, sewermates and other. In this view of the matter the
action of the NDMC in denying the SS Committee pay-scales to the
petitioners is arbitrary, discriminatory and is violative of Articles 14 and 16
of the Constitution of India.
F
We, therefore, allow the writ petition and direct the NDMC and the
Delhi Administration to grant the benefit of SS Committee pay-scales to
the Storm Water Drains Beldars and Storm Water Drains Mates with effect
from April 1, 1994. Keeping in view the facts and circumstances of this
case, we are not inclined to grant the SS Committee pay-scales to the SWD G
Beldars and SWD Mates from back date. No costs.
G.N. W.P. Allowed.
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