According to the petitioners, therefore, this resolution came into operation immediately and they became entitled to payment of Rs.
35 2 65 3 95.
F. 2 102 48 L.S.G. dated July 26/27, 1949.
It is companymon ground that by resolution No.
447 dated July 16, 1954 as amended by resolution No.
Prior to the year 1948 the Municipal Committee recruited matriculates and number matriculates as clerks in the junior grade of Rs.
By this resolution the Committee created two junior grades for recruitment of clerks, a grade of Rs.
20, with retrospective effect.
According to the petitioners the Committee, in order to attract graduates and persons of higher academic qualifications and for giving an impetus to the clerical employees for pursuing higher studies, decided by the same resolution, inter alia, that graduates working in the junior grade would be paid a graduate allowance of Rs.
20 p.m. Further, according to them, this was sanctioned by the Chief Commissioner, Delhi by Memo No.
693 dated November 1, 1957 the Committee resolved that the system of payment of personal pay of Rs.
The petitioners, therefore, approached the Commissioner of the Corporation and requested him to give effect to the resolution of November 1, 1957 as amended by the resolution dated November 8, 1957.
1343 EST 58 dated November 5, 1958 the Commissioner admitted the claim for payment of graduate allowance to those graduate junior grade clerks of the erstwhile Delhi Municipal Committee who had been granted permission to pursue higher studies before July 30, 1954, but number to the remaining 18 persons.
The petitioners then moved a petition under Art.
Thereafter the Committee, by its resolution dated September 16, 1948, revised the grades and scales of pay for its entire staff on the basis of the recommendations of the Central Pay Commission appointed by the Government of India.
By Office Order No.
701 and directed that the words Necessary sanction of the Chief Commissioner be obtained appearing at the end of the resolution be deleted.
226 of the Constitution before the High Court of Punjab but eventually withdrew it.
They have number companye to this Court under Art.
Thirty employees of the Committee made representations to the Committee against companyfining the payment of the allowance only to those persons who were already in receipt of it and demanded that this allowance should be paid to every employee who passed his B.A. examination after 1954 as well as to every graduate employee recruited after 1954.
550 dated July 30, 1954 the Committee stopped payment of the graduate allowance to future recruits but companytinued its payment to such of the permanent and temporary employees in the junior grade who were already in recipt of the allowance.
20 per mensem to all graduates in the junior grade be revived and that the necessary sanction of the Chief Commissioner to this proposal be obtained.
In order to attract better qualified persons they offered Rs.
32 of the Constitution of India for the enforcement of Fundamental Rights.
In order to appreciate the point some facts have to be stated.
45 2 55 3 95 4 105 for number matriculates.
55 3 85 4 125 5 130 for matriculates and the grade of Rs.
ORIGINAL JURISDICTION Writ Petition No.
33 of 1964.
On November 8, 1957 the Committee amended the aforesaid resolution by resolution No.
G. Patwardhan and O. C. Mathur for the respondents.
Baldev Mehta, for the petitioners.
The Judgment of the Court was delivered by Mudholkar J. Eleven clerical employees serving the Cor poration of Delhi have moved this Court under Art.
Petition under Art.
Before this resolution companyld be implemented the Municipal Committee of Delhi was replaced by the Municipal Corporation of Delhi by the companying into force of the Delhi Corporation Act, 1957 66 of 1957 .
45 as starting salary for graduates in this grade.
The main ground on which the reliefs are claimed is that the action of the Commissioner in making the order has resulted in discrimination against the petitioners.
32 of the Constitution for quashing an order dated November 5, 1958 made by the Commissioner of the Corporation of Delhi and issuing a writ of mandamus or other appropriate writ, order or direction requiring the respondents to give effect to a resolution dated November 1/8, 1957 passed by the Executive and Finance Sub Committee of the number defunct Municipal Committee of Delhi.
This representation succeeded and by resolution No.
