- (1.) This petition has been filed by the DTC Workers' union and some of its members. The main relief sought by them, as contained in prayer (a) , reads: "Issue a writ of mandamus or direction to the respondent the delhi Transport Corporation to implement with effect from 1/01/1986 the recommendations of the Fourth Pay Commission as approved by the government of India to the central government employees as per the undertakings given to its employees vide office Order No. PLD-IX (465) /83/10589 dated 15/09/1983 and DGM (IR) /84/93 dated 7/02/1984. "
(2.) The petitioners as well as the respondent, the Delhi Transport corporation, rely heavily upon the Office Order No. DGM (IR) /84/90 dated 7/02/1984 issued by the Deputy General Manager of the respondent-corporation, although they differ in their construction of what it contains. We shall, therefore, read the whole order: ".. Before interim relief was announced by the central government for its employees to be paid w. e. f. 1/06/1983, the Wage group constituted by the government of India for considering the demand regarding revision of pay scales of the employees of the delhi Transport Corporation gave its report recommending revision of pay scales of all the class III and IV employees as an interim measure pending receipt of Fourth Pay Commission report. Thus the revised scales themselves were in the shape of an interim relief. As interim relief was announced by the government for its employees almost simultaneously some unions approached the management opposing the introduction of new scales and asking for the interim relief as at the government rates. It was explained to them that the revised scales have a greater in built advantage as the benefit in some cases go even over hundred rupees while interim relief for workers was fifty to seventy rupees. However, an option was given Vide Circular No. PLD-IX (465) /83/10589 dated 15/09/1983 to the employees of the Corporation either to avail the benefit of interim relief and retain the old pay scales or to avail the benefit of the revised pay scales. In reference to the clarification sought by the Unions, it was made absolutely clear beyond any ambiguity to the employees that (i) there is absolutely no intention to delink the DTC from the central government pay structure and DA pattern arbitrarily or unilaterally ; (ii) if the Fourth Pay commission granted any further interim relief or benefit before the final report, such benefit will be available to the DTC employees; (iii) the differential in the head start now given in the pay scales will be maintained even while implementing the scales recommended by the Fourth Pay Commission; and (iv) the pay scales recommended by the Working Group would be enforceable for a period of four years or the receipt of report of the Commission whichever is earlier. It has already been made amply clear that differential in "head start" given in the revised pay scales will be maintained even while implementing the scales recommended by the Fourth Pay Commission. In fixation of pay in the scales to be recommended by the fourth Pay Commission, the employees coming over to the revised scales of pay will be given due benefit of central government Interim relief so as to ensure that they are not at any disadvantage because of having opted for the revised scales now. For instance, if the pay of an individual in the pay scale of Rs. 260-400 drawing a basic pay of Rs. 260. 00 per month who had opted for interim relief at central government rates is fixed at Rs. 310. 00 p. m. by adding Rs. 50. 00 as interim relief to basic pay of Rs. 260. 00 whereas the pay of an employee who has opted for corresponding revised pay scale of Rs. 284-440 and is drawing basic pay of Rs. 284. 00 p. m. will be fixed at Rs. 334. 00 p. m. by adding Rs. 50. 00 to his basic pay of Rs. 284. 00. In this connection our circular No. PLD-IX (465) /83 dated 20/09/1983 refers. It has been clearly shown in the above illustrations as to how the revised pay scales will be beneficial to the employees. It is opined that the employees will not be misled now by any such interpretation which is being placed on the Ministry of Finance's O. M. of 28/11/1983. "
(3.) Referring to the concept of "head start" mentioned in the order, mr Jitender Sharma, appearing for the petitioners, submits that it being the intention of the Corporation to protect the interim relief granted to the employees, notwithstanding the recommendations of the Fourth Pay commission, the employees are entitled to the interim relief, referred to as the "head start", in addition to the pay scale recommended by the fourth Pay Commission. In other words, according to Mr Sharma, the employees will be entitled not only to the new pay scale recommended by the Fourth Pay Commission, but more in the shape of interim reliefs which they had enjoyed during the period of the interregnum between their original pay scale and the new pay scale.;