NATIONAL EDUCATION SOCIETY Vs. H YOGESH

JUDGEMENT

(1.) THE National Education Society and the Headmaster of Dr. H. N. N. H. School, have preferred this writ appeal being aggrieved by the order of the learned Single Judge dated 22-6-1998 in w. P. No. 1558 of 1992.

(2.) THE above writ petition was filed by the 1st respondent herein praying for mandamus, directing the Appellate Authorities to extend the timescale of pay of Rs. 1400-2750 to the petitioner from July 1987 onwards with interest at 10% and to regularise his services in the cadre of 'science Demonstrator' or in the cadre of 'science Teacher' with all consequential benefits.

(3.) THE undisputed facts of the case are as follows: the 1st respondent was appointed purely on temporary basis as 'science Demonstrator' initially in the year 1987. It appears from the record that the services of the 1st respondent were terminated at the end of every academic year and fresh appointment orders were issued by the management of the appellant/institute from time to time. A copy of the appointment order dated 19-6-1991 issued to the 1st respondent is produced before us at page 40 of the material papers marked as Annexure-R1 which reads as follows. " (National Education Society of Karnataka, Basavanagudi, Bangalore-4)8/91-92 Dated 19th June, 1991 to sri Yogesh, c/o. B. G. Somasekharappa, hosur, Gowribidanur Taluk. Dear Sir/madam, with reference to your application, I am glad to inform you that you are appointed as Science demonstrator in Dr. H. N. N. H. S. , Hosur on a consolidated salary of Rs. 475/- p. m. with effect from the date of your joining duty subject to the conditions and terms detailed below: terms and Conditions of this appointment 1. As this appointment is outside, the purview of Grant-in-Aid Code and other rules prescribed by the Government of Karnataka, this appointment does not in any way confer on you any claim or legal rights either to the post or to the scales of pay paid by the Government of Karnataka. 2. You should note that the consolidated salary indicated in the order is not negotiable nor it can be disputed. You should join only if you are agreeable to work drawing the consolidated salary indicated in this order. 3. This appointment is exigent and purely temporary. Your services are liable to be terminated at any time without assigning any reason whatsoever. Similarly you can leave service at any time giving one week's notice or by remitting one week's salary in lieu of it.