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1975 Supreme(SC) 78

A.C.GUPTA, A.N.RAY, K.K.MATHEW, Y.V.CHANDRACHUD, A.ALAGIRISWAMI
Sabhajit Tewary – Appellant
Versus
Union Of India – Respondent


Judgment

A. N. RAY, C. J.:- In Writ Petition No. 43 of 1972 the petitioner who is a junior stenographer in the Council of Scientific and Industrial Research asked for an order declaring two letters to be discriminatory and violative of Article 14. The two letters relate to recommendations of the Finance Sub-Committee of the Council of Scientific and Industrial Research with regard to remuneration of stenographers. In short the petitioner s allegations are that he should be granted the same number of advance increments as approved and granted to new entrants.

2. In order to entitle the petitioner to impeach the circular on the ground of infraction of Articles 14 and 16, the petitioner has to establish ,that the Council of Scientific and Industrial Research is an authority within the meaning of Article 12 of the Constitution.

3. The Council is a society registered under the Societies Registration Act. Reliance was placed by counsel for the petitioner on these features of the society. Under Rule 3, the Prime Minister of India is the ex-officio President of the Society. The Governing Body under Rule 30 consists of inter alia some persons appointed by the Government of India representing t






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