JAGDISH SINGH Vs. NCT OF DELHI THROUGH THE CHIEF SECRETARY

JUDGEMENT

(1.) HEARD the learned Counsel for the parties.

(2.) Applicants, who had earlier filed OA-772/2004 (Delhi Flood Control Mazdoor Union and Ors. v. NCT of Delhi and Ors.), an order passed on 8.10.2004, directed the respondents to take into consideration the observations made in the body of the order and finalize the recruitment rules so that the applicants are accorded benefit of ACP scheme. In compliance thereof on finalization of the recruitment rules, an order passed by the respondents on 21.6.2005 accorded them the first upgradation in ACP in the pay scale of Rs. 3200-4900, whereas learned Counsel for applicants states by relying upon the office order passed in the case of two Tube Well Operators where on accord of the first ACP in the pay scale of RS. 4000-6000, the second ACP was accorded to them in the pay scale of RS. 4500-7000. Accordingly, it is stated that the applicants, who are identically situated and performing the identical work, are entitled to the same pay scales in the hierarchy of ACP as the pay scales therein and non-grant of the same to applicants would constitute violation of Articles 14 and 16 of the Constitution.

(3.) IT is trite that no discrimination can be meted to persons situated equally. This would cause an infraction of principles of equality enshrined under Article 14 of the Constitution. This aspect of the matter of grant of higher pay scale, as the pay scale and upgradation of ACP to the Tube Well Operators, vis-`-vis, the applicants, who have been granted a lesser pay scale, meeting out the differential treatment has not been considered and deliberated upon by the respondents.