LAWS(SC)-1978-12-25

SUBHASH CHAND JAIN Vs. DELHI ELECTRICITY SUPPLY UNDERTAKING

Decided On December 13, 1978
SUBHASH CHAND JAIN Appellant
V/S
DELHI ELECTRIC SUPPLY UNDERTAKING OF THE MUNICIPAL CORPORATION OF DELHI Respondents

JUDGEMENT

(1.) The petitioner who really represents a class of aggrieved persons who are employees under the Delhi Electricity Supply Undertaking (DESU) has come up to this Court under Art. 32 of the Constitution claiming that his fundamental right under Art. 16 of the Constitution has been violated and that an appropriate writ should be issued in enforcement of that right.

(2.) A detailed narration of the facts is uncalled for and a capsulated statement sufficient to bring out the core contention will now be made.

(3.) Among the various categories of posts in the hierarchy under the DESU are two posts designated as steno-typist and junior stenographer. They were different in the nature of their duties. different in the salary scales and naturally different in their status. Indeed, steno-typists form the basic cadre from which promotion is given as junior stenographers. At some intermediate stage in the history of this service (around 1973) distinctions in regard to salary scales got blurred and steno-typists and stenographers were given the same scales of salary. This confusion led to a demand from steno-typists that they should also be allowed to be posted as junior stenographers.