Increase In Salary Of Statutory Body's Office Bearers A Policy Decision, Courts Should Not Interfere Unless Manifestly Arbitrary: Delhi High Court

The Delhi High Court has observed that increase in salaries of office bearers of a Commission is a policy decision of the State and the courts should refrain from interfering with the same unless it is found to be manifestly arbitrary or unreasonable.

A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad made the observation while dismissing an appeal filed by Dr. Zafarul Islam Khan, former Chairman of Delhi Minorities Commission (DMC), for retrospective implementation of a notification dated 09.06.2021 regarding increase in salary and allowances of the Chairperson and office bearers of the DMC. A single bench had earlier dismissed his petition.

Khan, who had served as DMC's chairperson from July 20, 2017 to July 19, 2020, had argued that the policy decision dated 17.07.2018 of the Delhi Cabinet regarding increase in salary of the Chairperson of Delhi Commission for Safai Karamchari, Delhi Commission for OBCs, Delhi Commission for Protection of Child Rights, Delhi Commission for Women and the Delhi Minorities Commission was selectively implemented by authorities. For the DMC, it was notified only in June 2021 and not applied from the date of the resolution of the Council of Ministers, Khan argued.

Before the single judge, Khan had argued that the aforesaid decision of the Council of Ministers could not have been kept pending for years while simultaneously applying the same common resolution for other commissions, leaving out the DMC.

He also submitted that the Delhi Government had selectively discarded his claims by applying the notification dated 09.06.2021 regarding the increase in salary and allowances of the Chairperson and other office bearers of the DMC, from the date it was notified and not from the date of the resolution of the Council of Ministers.

He had also argued that such a decision was contrary to the 2019 Notification issued by the department for welfare of SC/ST/OBC of the Delhi Government increasing the consolidated salary of the Chairperson for OBCs to Rs. 2 lakhs.

While Khan argued that his case was of denial of equal treatment and discrimination, the single judge held that under the DMC Act, 1999, there is no specific stipulation for making a rule with retrospective effect. It was added that Rule 3 of DMC Rules, of which the amendment was effectuated, cannot be given any retrospective effect.

In appeal before the division bench, Khan argued that he had fallen a victim to "selective bureaucratic formalities" which have been applied only to his case and not to other commissions.

Dismissing Khan's appeal, the court upheld the impugned order by observing that the single judge rightly held that the notification dated 09.06.2021 cannot be made applicable with retrospective effect and that the same has to come into force from the date it was notified, as reflected from the DMC Amendment Rules, 2021.

"It is again an undisputed fact that the minutes of the meeting of the Cabinet Decision dated 17.07.2018 nowhere reflects that it was resolved to enhance the salary and perks from the date of decision of the Cabinet Meeting and the record produced before this Court makes it very clear that all efforts were made at appropriate level to implement the Cabinet decision No.2600 and the same came into force only when the notification was issued on 09.06.2021," the court observed.

Perusing the DMC Act, 1999 read with DMC Rules 2000 and the Amendment Rules of 2021, the court observed that it cannot be said that the amendment has to be made applicable with retrospective effect in respect of payment of salary and allowances to the office bearers of the DMC.

The court was of the view that the amendment was not an extension of any policy directive but was a "complete revision."

"The statutory provision governing the field makes it clear that by no stretch of imagination could there be any retrospective application of the above reproduced notification from the date of Cabinet Decision No. 2600. On perusal of Rule 1 (2) of the DMC (Amendment) Rules, 2021, it becomes evidently clear that they shall come into force on the date they are notified in the Delhi Gazette," the court said.

Title: DR. ZAFARUL ISLAM KHAN v. GOVT. OF NCT DELHI & ORS.

Citation: 2022 LiveLaw (Del) 1030

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