AIR 1993 SUPREME COURT 1254 ::1993 AIR SCW 487 ::1993 SCFBRC 66 ::1993 (1) UJ (SC) 267 ::1993 UJ(SC) 1 267 ::(1993) 49 DLT 273 ::(1993) IJR 184 (SC) ::(1993) 2 SCJ 68 ::1993 (2) SCC(Supp) 221 ::(1992) 3 SCR 588 (SC) ::1992 ( ) JT (Supp) 429

Supreme Court Of India

(From : Delhi)

Hon'ble Judge(s): N. M. Kasliwal, N. P. Singh , JJ

Constitution of India , Art.226, Art.39— Mandamus - Allotment of quarters to low income group employees of a local body - No resolution passed by local body to sell quarters to such employees - Employees having no legal under housing scheme - No mandamus can be issued on ground that welfare state should provide house to every citizen of low income group. Housing scheme - Allotment of quarters to low income group employees - Cannot be demanded as of right from welfare state. Where the employees, of Delhi Electricity Supply Undertaking, a local body were alloted the quarters constructed by the Undertaking on loan provided by the Central Govt., they cannot claim legal right to have ownership transferred to them of such quarters under low income housing scheme of 1954 when there was no resolution passed by the Undertaking to sell such quarters to them and a mandamus cannot be issued on ground that welfare state may provide house to every citizen and specially the persons belonging to low income group. In such a case, the fact that a resolution was passed by the Municipal Corporation to sell the quarters in respect of its own employees cannot be of any help to employees of the said undertaking by applying the principle of equality when their employer was different. It was more so when claimants were either employees retired from service or legal re....