JUDGMENT
Markandeya Katju, C.J.
1. This Writ Appeal has been filed against the impugned judgment dated 26.09.2003 by the learned Single Judge.
2. Heard learned counsels for the parties and perused the record.
3. The facts of the case have been set out in detail in the impugned judgment of the learned Single Judge and hence we are not repeating the same except where necessary.
4. The prayer made in the Writ Petition is for issuance of a mandamus directing the Respondent/DDA to place the petitioners in the senior scale of Rs. 1400-2300 from the date of joining service and/or in the alternative after completion of 3 years of service with the respondent in the present scale of pay and further to grant consequential benefits with interest.
5. It is alleged in para 2 of the Writ Petition that 109 vacancies of Stenographers were advertised by the Respondent in the pre-revised scale of Rs. 330-15-405-EB-455-15-500-20-700. True copy of advertisement is Annexure P1 to the Writ Petition. The essential qualification required for the said post was Matriculation along with shorthand/typing speed of 100/40 w.p.m. respectively.
6. The Petitioners applied for the post and appeared in the test and were declared successful. True copies of letters of appointment are Annexure P2.
7. The Petitioners were placed in the revised scale of Rs. 1200-30-1560-EB-40-2040 pursuant to the recommendations of the 4th Pay Commission which were accepted by the Government of India and adopted by the Respondent/DDA.
8. In para 5 of the Writ Petition it is stated that for the post of Stenographers in the Central Government there are two scales for Stenographers. For the junior stenographers, revised pay scale is Rs. 1200-30-1560-EB-40-2040 and for senior stenographers it is Rs. 1400-40-1800-EB-50-2300.
9. It is alleged in para 6 of the Writ Petition that there was only initially one category of stenographers in the DDA in the scale of Rs. 330-15-405-EB-455-15- 500-20-700. Accepting the recommendations of the 4th Pay Commission, the respondent decided that the stenographers recruited by 31st December 1982 be placed in the revised pay scale of Rs. 1400-40-1800-EB-50-2300 and the stenographers appointed after 31st December 1982 be placed initially in the revised pay scale of Rs. 1200-30-1500-EB-40-2040 and after completing 3 years of service they were to be placed in the scale of Rs. 1400-40-1800-EB-50-2300. Office Order dated 13.4.1987 is Annexure P3 to the Writ Petition.
10. The Petitioners submitted that pursuant to the said office order the petitioners should have been placed in the pay scale of Rs. 1400-2300, but instead they were arbitrarily placed in the pay scale of Rs. 1200-2040. Hence it is alleged that there is discrimination against the petitioners. Moreover, it is alleged that even after completing of three years service in the pay scale of Rs. 1200-2040, petitioners became eligible for the senior pay scale of Rs. 1400- 2300, but they were denied the same.
11. It is alleged in para 9 of the writ petition that not only the stenographers who were recruited in the same batch as the petitioners were given the senior scale but even those who were junior to the petitioners and who subsequently joined the respondent had also been granted the senior scale after completing 3 years of service. The petitioners have represented against this discrimination but to no avail. Hence they filed the writ petition.
12. A counter-affidavit was filed by the respondent/DDA in the writ petition and we have perused the same.
13. In para 1 of the counter-affidavit it is stated that the petitioners were appointed as Stenographers against the advertisement issued on 29.10.1986 in the pre-revised scale of Rs. 330-700/-. That pay scale had been revised by the 4th Pay Commission into two scales, i.e., junior scale of Rs. 1200-2300 in place of old scale of Rs. 330-560 and new scale of Rs. 1400-2300 in place of the old scale of Rs. 425-700. It may be mentioned that the DDA had made its own scale 300-700 by merging both the scales, i.e., Rs. 330-560 and 425-700, which was prevalent in the Central Government, into one combined scale.
14. The Committee which was constituted for fixing pay scale of stenographers as per the recommendation of the 4th Pay Commission was of the opinion that since there was no pay scale of Rs. 330-700 for stenographers or any other organization except in the DDA, hence persons recruited in 1982 may be placed in the scale of Rs. 1400-2300 and persons recruited in 1983 be initially placed in the scale of Rs. 1200-2040 but after completing 3 years service they should be placed in the scale of Rs. 1400-2300.
15. The Committee further decided that in future the appointments should only be made in the junior revised scale of Rs. 1200-2040.
16. In view of the decision of the Committee, the petitioners were rightly placed to the pay scale of Rs. 1200-2040 as they were recruited after 1982.
17. As stated in Para 3 of the counter-affidavit, the petitioners were appointed by the DDA in 1987. A photocopy of the appointment letter of the petitioner No. 1 is Annexure R-1 to the counter-affidavit which shows that the petitioners were offered temporary post of stenographers in the scale of Rs. 1200-2040 in 1987. It is denied that placement of the petitioners in the pay scale of Rs. 1200-2040 was arbitrary or discriminatory.
18. It may be mentioned that before the 4th Pay Commission there were two pay scales for stenographers in the Central Government, i.e., pay scale of Rs. 330-560 and pay scale of Rs. 425-700. The 4th Pay Commission recommended that these two pay scales should be revised to Rs. 1200-2040 and Rs. 1400-2300 and the recommendation was accepted by the Government.
19. So far as DDA was concerned, it did not have two pay scales of stenographers. It had only one amalgamated pay scale of Rs. 330-700. After the recommendation of the 4th Pay Commission, the DDA decided on the basis of the recommendation of the Committee appointed by it that instead of having one pay scale as was the position before the recommendation of the 4th Pay Commission, there should be two pay scales. The persons recruited up to 1982 may be placed on the pay scale of Rs. 1400-2300 because they have completed 3 years service in the junior scale as the recommendation of the Pay Commission came into effect from 01.01.1986. It was further decided by the Committee that in future appointments only in the junior scale of Rs. 1200-2040 be made. As the petitioners were recruited after 1986, in our opinion, they were rightly placed in the junior scale of Rs. 1200- 2040. The petitioners accepted their appointments and joined duty and they are now estopped from agitating the pay scale.
20. As regards the EO No. 1365 dated13.4.1987 that was not strictly followed by the DDA. As such, order dated 19.12.1991 was issued superseding / modifying the earlier order dated 13.04.1987. In para 9 of the counter-affidavit it is stated that the drawing and disbursing officer of the DDA had allowed by mistake the senior scale to some of the stenographs who were not eligible for the same. Hence, subsequently on 19.12.1991 vide E.O. No. 5024 modified the earlier Order No. 1365 dated 13.4.1987. True copy of the Resolution dated 19.12.1987 is Annexure A to the counter-affidavit.
21. It is further stated that there is a difference in the job contents of the two categories of stenographers since persons in the senior scale are given more responsible positions.
22. From the facts it is evident that the DDA had initially only one pay scale of the stenographers, but in view of the recommendation of the 4th Pay Commission, the DDA decided on the recommendation of a Committee appointed by it to have two pay scales as in the Central Government. As regards those appointed up to 1982 they would be given senior pay scale because they would have put in 3 years service by the time the 4th Pay Commission Report came into force on 01.01.1986. However, those appointed subsequently were not given the senior pay scale until they had put in 3 years service.
23. Admittedly, the petitioners were given senior scale after they put in 3 years service.
24. As rightly observed by the learned Single Judge in his impugned judgment, if the petitioners’ contention is to be accepted it would place the petitioners above those who were appointed in the year 1984, 1985 and 1986. Besides, when the DDA passed the resolution creating 2 categories of stenographers, the petitioners had not even been appointed and thus no right had vested in them.
25. Thus, there is no force in this Appeal and therefore, this Writ Appeal is dismissed.