Disposed¶25

Shiv Kumar & Ors. v. Municipal Corporation of Delhi

Delhi HC18 Mar 2026W.P.(C)/5847/2024

Case brief

AI extract

What is this about?

Pay parity; Assistant Sanitary Inspector; Vaccinators; Rajesh Kumar; revised pre-revised pay scale Rs. 5000-150-8000; arrears of salary; Central Administrative Tribunal OA/644/2017; order dated 02/01/2024; scope of litigation cannot be enlarged in writ petition; liberty to file application before Tribunal; Municipal Corporation of Delhi; Articles 14 & 21 of the Constitution; certiorari; writ petition disposed of; Shiv Kumar & Ors. v. MCD.

What did the court decide?

No substantive relief granted; the Writ Petition was disposed of, with the Petitioners left free, if so advised, to file an appropriate application before the learned Tribunal for grant of parity of pay with Mr. Rajesh Kumar, which the Tribunal will consider in accordance with law. ¶25

Shiv Kumar & Ors. Vs Municipal Corporation of Delhi — Delhi HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

¶25

Issue for consideration

Whether the Petitioners, who worked as Assistant Sanitary Inspectors, are entitled to parity of pay with Mr. Rajesh Kumar - a claim raised for the first time in this Writ Petition. +1 more

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Court's answer

This Court has not examined the matter as to whether the Petitioners are or are not entitled to parity of pay with Mr. Rajesh Kumar.

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Ratio / Principle

It is not appropriate for this Court to enhance the scope of the litigation by considering the Petitioners' fresh claim for parity of pay with Mr. Rajesh Kumar; however, the Petitioners, if so advised, may file an appropriate application before the learned Tribunal for grant of parity of pay with that of Mr. Rajesh Kumar.

¶20

Key takeaways

If such an application for parity of pay with Mr. Rajesh Kumar is filed before the learned Tribunal, the Tribunal will consider it in accordance with law.ratio¶23

Detailed headnote1 paragraphs

Delhi High Court (Division Bench: Anil Kshetarpal & Amit Mahajan, JJ.) disposed of W.P.(C) 5847/2024 - Shiv Kumar & Ors. v. Municipal Corporation of Delhi (order dated 18.03.2026). The Petitioners, working as Assistant Sanitary Inspectors, had sought quashing of the order dated 02/01/2024 of the Central Administrative Tribunal, PB, New Delhi in OA/644/2017, which had dismissed their claim for pay parity with Vaccinators, and had prayed for the revised (pre-revised) pay scale of Rs. 5000-150-8000 from the initial date of appointment, alleging violation of Articles 14 & 21 of the Constitution. Before the Tribunal they had not sought parity with Mr. Rajesh Kumar, formerly an Assistant Sanitary Inspector; that claim was staked for the first time in the Writ Petition by way of an additional document taken on record. Holding that it would not be appropriate to enhance the scope of the litigation by considering this fresh claim, the Court disposed of the petition, observing that the Petitioners may file an appropriate application before the learned Tribunal, which will consider it in accordance with law; the Court expressly did not examine whether the Petitioners are entitled to such parity.

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$~3

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 5847/2024

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SHIV KUMAR & ORS. .....Petitioners Through: Mr. Varun Mudgil, Mr. Rakesh Kumar and Ms. Eti Kushwaha, Advs.

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versus

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MUNICIPAL CORPORATION OF DELHI.....Respondent Through: Dr. Divya Swamy, SC for MCD along with Mr. Yagyawalkya Singh, Ms. Akriti Singh, Mr. Rishav Ranjan and Mr. Shikhar Rusia, Advs.

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CORAM:

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HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE AMIT MAHAJAN

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O R D E R % 18.03.2026

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Through the present Writ Petition, the Petitioners pray as under:

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“a) Issue an appropriate writ, order or direction in the nature of Certiorari to quash the impugned Order Dated 02/01/2024, in the matter of Shiv Kumar & Ors. vs. Municipal Corporation of Delhi , passed by Ld. Central Administrative Tribunal, PB, New Delhi in OA/644/2017; &/or

¶12

b) Issue an appropriate writ, order, or direction to the Respondent to declare that the impugned action on the part of MCD/Respondent herein, in not paying the revised pay-scale of Rs. 5000-150-8000 (pre-revised) with effect from the initial date of appointment to the Petitioners, who were working as Assistant Sanitary Inspector, is illegal, arbitrary, unjustified and is in violation of A.14 & 21 of the Constitution of India;

¶13

This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/03/2026 at 13:40:02

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&/or

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c) Issue an appropriate writ, order, or direction to the Respondent to remove the anomaly in pay-scale of the Petitioners and pay the arrears of salary to the Petitioners on account of revision in pay-scale of Rs. 5000-150-8000 (pre-revised) with effect from the initial date of appointment to the Petitioners along with interest @ 12% per annum thereupon; &

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d) Pass such order or further order(s) including order in respect of costs of the Petition as may be deemed fit and proper in the facts and circumstances of the present case.”

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Learned counsel representing the Petitioners submit that before the learned Central Administrative Tribunal, the Petitioners did not seek parity of their pay with that of Mr. Rajesh Kumar, who was at one point of time working as Assistant Sanitary Inspector.

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Pertinently, before the learned Tribunal, the Petitioners prayed for grant of parity in pay with Vaccinators, which was dismissed with the observation that the post of Vaccinators was different in pay scale from that of Assistant Sanitary Inspectors from the very initial stages. It was rightly appreciated that the Petitioners had failed to establish a prima facie case as to why they should be treated as equivalent to the Vaccinators.

¶19

By way of additional document which has since been taken on record, the Petitioners have staked the claim for parity with salary paid to Mr. Rajesh Kumar for the first time in the present Writ Petition.

¶20

It will not be appropriate for this Court to enhance the scope of the litigation by considering the aforesaid fresh claim for parity. However, the Petitioners, if so advised, may file an appropriate application before the learned Tribunal for grant of parity of pay with that of Mr. Rajesh Kumar.

¶21

This is a digitally signed order.

¶22

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/03/2026 at 13:40:02

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If such application is filed, the learned Tribunal will consider it in accordance with law.

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Needless to say, this Court has not examined the matter as to whether the Petitioner are or not entitled to parity of pay with Mr. Rajesh Kumar.

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In view of the above, the present Writ Petition is disposed of.

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ANIL KSHETARPAL, J

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AMIT MAHAJAN, J

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MARCH 18, 2026 ‘KDK’

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Shiv Kumar & Ors. v. Municipal Corporation of Delhi

Case brief

What is this about?

What did the court decide?

Shiv Kumar & Ors. v. Municipal Corporation of Delhi

Case brief

What is this about?

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What the court decided

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