Mudholkar, J. - (1.) Eleven clerical employees serving with the Corporation of Delhi have moved this Court under Art. 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 now defunct Municipal Committee of Delhi. 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.
(2.) In order to appreciate the point some facts have to be stated. Prior to the year 1948 the Municipal Committee recruited matriculates and non-matriculates as clerks in the junior grade of Rs.35-2-65-3-95. In order to attract better qualified persons they offered Rs. 45 as starting salary for graduates in this grade. 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 this resolution the Committee created two junior grades for recruitment of clearks, a grade of Rs. 55-3-85-4-125-5-130 for matriculates and the grade of Rs. 45-2-55-3-95-4-105 for non-matriculates.
(3.) 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. F. 2 (102) 48-L. S. G. dated July 26/27, 1949.;