R K VARMA Vs. DELHI ELECTRIC SUPPLY UNDERTAKING

JUDGEMENT

(1.) The petitioners by moving this court under Article 226 of the Constitution of India seek to challenge the appointment of the third respondent, S. K. Kapoor, as Private Secretary to the General Manager (E), Delhi Electric Supply Undertaking of the Municipal Corporation of Delhi. According to them Kapoor has been appointed to the post of a Private Secretary illegally by an Order passed by the fourth respondent, the former General Manager, who was not competent to make the appointment. It is also urged that the appointment has been made mala fide and as an act of favouritism shown to Kapoor. The petitioners contend that they were not considered for the appointment of Private Secretary to the General Manager and this amounts to discrimination attracting Article 16 of the Constitution. It is further urged that the petitioners if they had been considered would have been found more suitable for the posthan Kapoor.

(2.) The petitioners, R. K. Varina, M. L. Sachdeva and 0. P. Vijay, as well as Kapoor, the third respondent, are all employees of the Municipal Corporation of Delhi in its Delhi Electric Supply Undertaking. Admittedly, all the four belong to the Class-11 service as mentioned in classification of services made by the regulations under Section 79(c) of the Electricity Supply Act, 1948 by the erstwhile Delhi State Eelectricity Board but continued in force by Section 511 of the Delhi Municipal Corporation Act, 1957. hereinafter referred to as the Municipal Act.

(3.) Inasmuch as the arguments at the bar have been restricted to purely legal questions, it is not necessary to set out all the facts in detail. The only relevant facts which may be set out and which are not in dispute are as stated hereafter. The petitioners as well as the third respondent are all employed on various posts in the grade of Rs. 325-900. The third respondent, however, gets an additional Rs. 75.00 per month as special pay attached to the post of private Secertary to the General Manager (E). Varma is Public Relations Officer while Sachdeva and Vijay, the other two petitioners are Superintendents. Kapoor prior to his appointment as Private Secretary to the General Manager was holding the post of Second P.A. to the General Manager (E) in the pay scale of Rs. 210-530 plus Rs. 75.00 per month as special pay. The substantive appointment of Sachdeva and Vijay was also as P. As. to the Chairman and P. A. to the General Manager (E) respectively in the pay scale of Rs. 210-530 plus Rs. 75.00 as special pay. They were appointed Superintendents in officiating capacity but held a lien on their substantive posts. Kapoor also had substantive appointment as P. A. to the General Manager (E), as aforesaid, but was appointed Private Secretary to the General Manager (E) on July 31, 1971 in the scale of Rs. 325-900 plus Rs. 75.00 per month as special pay. It is not in dispute that Kapoor was junior to the petitioners in the provisional seniority list of Senior Stenographers issued on July, 8, 1969.