Delhi HC rejects former DMC chief's plea seeking enhanced salary
Jul 06, 2022
New Delhi [India], July 6 : The Delhi High Court recently dismissed a plea moved by Dr Zafarul Islam Khan, former Chief of Delhi Minority Commission (DMC) seeking direction for a grant of enhanced salary of Rs 2 lakh per month for the post.
He had sought a direction in view of the Delhi Government's cabinet decision of 17 July 2018. The High Court dismissed the plea after finding it without merit.
Khan had moved the petition in view of a notification issued by the Delhi Government in 2021. The cabinet had taken the decision in this regard in 2018. Khan demitted the office in the year 2020.
The High Court while dismissing the petition relied upon decisions given by the Supreme court wherein it was observed that in the absence of express statutory authorisation, delegated legislation in the form of rules and regulations, cannot operate retrospectively.
Justice V. Kameswar Rao observed, "There is no merit in the petition and noted that the petitioner had demitted the office on 19 July 2020. He did not challenge the 2021 notification issued by the Delhi Government that had specified that the amended salary shall come into effect from the date of notification and have prospective effect."
It was contended by advocate M R Shamshad, counsel for the petitioner that he was not given the benefit of the notification concerning the enhancement of salary on a consolidated basis. Therefore, the same was arbitrary and illegal.
The petitioner had sought that the Delhi government give effect to its cabinet decision of 17 July 2018 from the same date. He should be granted all the consequential benefits concerning the enhancement of salary on a consolidated basis, including the HRA and leave encashment.
On the other hand, the counsel for the Delhi government argued that the notification of 9 June 2021 was prospective and not retrospective. The cabinet decision had nowhere directed or decided that the revised salary and perks shall be applicable from the date of said decision and not from the notification.
It was further submitted that the revision of the salary of the chairperson of DMC is in the form of a fiscal statute and therefore the same has to be interpreted strictly.
According to Rule 1 (2) of Delhi Minorities Commission (Amendment) Rules, 2021, the amendment shall come into force on the date of the notification itself and not from the cabinet decision.
