H L RODHEY Vs. DELHI ADMINISTRATION

JUDGEMENT

(1.) This Writ Petition along With the connected Writ Petitions, 530/68 (Darshan Kumar Puri v. Delhi Administration) and 508/1968 (M. Prasad v. Delhi Administration) has been filed by certain Ministerial employees of the Delhi Administration, against the constitution of the two separate Central Civil Services, to be known as the Subordinate Ministerial Service and the Subordinate Executive Service of the Delhi Administration by the Promulgation and enforcement of the Delhi Administration Subordinate Ministerial/Executive Service Rules, 1967 (hereinafter called the 1967 Rules), from the 10th February, 1967. The facts are briefly as follows:

(2.) Prior to the promulgation of the 1967 Rules the Delhi Administration did not have a unified subordinate service or services. The Administration was divided into several departments, each of which had ministerial as well as executive posts under it. The appointments to the subordinate executive posts were Joverned by two notifications. The notification dated 8th August, 1960, at page 49 of the record of C. W. No. 508/1968 (hereinafter called the 1960 Rules), regulated appointments of Inspectors of Sales Tax, Excise Inspectors and Sub-Inspectors of Excise. Another notification dated 6th December 1962, at page 16 of the record of C. W. No. 543/1968 (hereinafter called the 1962 Rules) regulated the appointments to the Class III posts of Inspectors of minimum wages/ complaints Shop Inspectors and Labour Inspectors/Labour Welfare Supervisors.

(3.) Except petitioners 1 and 2. viz.. Shri H. L. Rodhey and Shri Kishen Singh In C. W. No. 543/1968 all the other petittoners in all the three Writ Petitions were originally recruited to Ministerial posts as distinguished from executive posts. Petitioners 1 and 2, Rodney and Kishen Singh of C. W. 543/1968. were initially appointed to the posts of Labour Welfare Supervisor.