K C SHARMA Vs. D E S U

JUDGEMENT

(1.) Petitioners who are Senior Clerks in M.C.D. and were asked to look after the current duty charge as Assistant Accountants without any extra remuneration through office order, Annexure P-7, dated 4.1.1990, in this writ petition filed under Article 226 of the Constitution of India 'have sought the quashing of circular dated 4.12.1993 by which the respondents had proposed to hold a written examination on 26.12.1993 for filling up of the posts of Assistant Accountant on regular basis and for striking down the Recruitment & Promotion Regulations (hereinafter referred to as 'the Regulations') notified on 12.9.1978 as arbitrary, discriminatory and violative of Articles 14 & 16 of the Constitution of India. A direction was also sought against the respondents not to act upon the impugned Regulations of 1978 for filling up the posts of Assistant Accountant or to hold the test for filling up of the said posts but to regularise the petitioners against the said posts with all consequential benefits.

(2.) On 22.12.1993 the writ petition came up before the learned Single Judge, who while directing notice to show cause to be issued also made an order on interim application directing that declaration of result would be subject to the decision in the writ petition.

(3.) The Regulations for the post of Assistant Accountant/Vigilance Inspector (Accounts) in Delhi Electric Supply Undertaking (for short 'DESU') (Municipal Corporation of Delhi) were framed and came into force on their publication on 12.9.1978. Being a Class III Selection Post, the Regulations provided the method of recruitment to be by promotion (selection to be made through a limited departmental competitive examination) from amongst the Senior Clerks with three years service or Junior Clerks with eight years service respectively in the grade, rendered after appointmertt thereto, on a regular basis.