N. S. HEGDE, ARIJIT PASAYAT, DORAISWAMY RAJU, R. C. LAHOTI, S. P. BHARUCHA, S. S. M. QUADRI, RUMA PAL
Pradeep Kumar Biswas – Appellant
Versus
Indian Institute Of Chemical Biology – Respondent
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JUDGMENT
Ruma Pal, J. (For herself and on behalf of CJI, Syed Shah Mohammed Quadri, N. Santosh Hegde, Arijit Pasayat, JJ.)—
In 1972 Sabhajit Tewary, a Junior Stenographer with the Council of Scientific and Industrial Research (CSIR) filed a writ petition under Article 32 of the Constitution claiming parity of remuneration with the stenographers who were newly recruited to the CSIR. His claim was based on Article 14 of the Constitution. A Bench of five judges of this Court denied him the benefit of that Article because they held in Sabhajit Tewary v. Union of India1 that the writ application was not maintainable against CSIR as it was not an ‘‘authority” within the meaning of Article 12 of the Constitution. The correctness of the decision is before us for re-consideration.
2. The immediate cause for such re-consideration is a writ application filed by the appellants in the Calcutta High Court challenging the termination of their services by the respondent No. 1 which is a unit of CSIR. They prayed for an interim order before the learned Single Judge. That was refused by the Court on the prima view that the writ application was itself not maintainable against the respondent No. 1. T
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