Facts
The applicants are contractual APHI/vaccinators working across various zones (Keshavpuram, Rohini, City SP) of the Municipal Corporation of Delhi (MCD).
Source reference: p. 1-2They filed an Original Application seeking parity in pay scales (Basic Pay, DA, TA, HRA), benefits (NPS, medical, LTC), and arrears equivalent to their regular counterparts.
Source reference: p. 3, para. 2The applicants moved a Miscellaneous Application (M.A. No. 5053/2025) requesting the Tribunal to dispose of their case in light of judicial precedents involving similarly situated contractual co-workers who had already been granted such reliefs.
Source reference: p. 3-4, para. 3Issues
1. Whether the applicants, as contractual employees, are entitled to the same pay scales and service benefits as regular employees based on the principle of parity established in prior judicial decisions.
Source reference: p. 3, para. 2; p. 4, para. 5Law Applied
The court primarily applied the principle of "equal pay for equal work" as settled by the Hon'ble High Court of Delhi in Rajesh Kumar Sharma & Ors. vs. Govt. of NCT of Delhi & Ors. (W.P.(C) No. 3769/2013).
Source reference: p. 4, para. 3Anuj Kumar Sahu & Ors. vs. South Delhi Municipal Corporation & Ors. (W.P.(C) No. 10383/2017). These precedents establish that contractual employees performing duties identical to regular employees are entitled to similar financial benefits and pay revisions.
Source reference: p. 3, para. 2(b); p. 4, para. 3Reasoning
The Tribunal noted the submission of the applicants' counsel that their case is squarely covered by the decisions in Rajesh Kumar Sharma and Anuj Kumar Sahu.
Source reference: p. 4, para. 3Crucially, the respondent's counsel admitted that there is no dispute regarding the applicability of these legal principles to the applicants.
Source reference: p. 4, para. 5The Tribunal further observed that the MCD had already issued office orders (e.g., dated 22.09.2025) extending such benefits to other similarly situated persons, thereby establishing a consistent administrative practice based on the aforementioned High Court rulings.
Source reference: p. 5, para. 6Consequently, the Tribunal determined that the applicants were entitled to the same treatment to ensure uniformity and prevent discrimination.
Source reference: p. 5, para. 7Holding
The Tribunal allowed the joinder of applicants and disposed of the Original Application by directing the competent authority of the respondent (MCD) to pass orders granting the applicants parity in pay and benefits.
The directions must be implemented within two months from the receipt of the order, without prejudice to any pending proceedings in the High Court. No costs were awarded.
Source reference: p. 5, para. 7-8; p. 5, para. 10Original Court PDF
Shivendra Singh GurjarvsMUNICIPAL CORPORATION OF DELHI
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