K M BINDRA Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal, under Clause I Oof the Letters Patent, is directed against the judgment of the learned Single Judge, dated February 26,1973.

(2.) On the basis of an interview before the Selection Board, the appellant, Shri K.M. Bindra, was selected for appointment as temporary Clerk Grade III. This post was offered to him vide letter of the Secretary, Establishment Department, High Commission of India in London, dated March 26, 1958. Inpursuance of this offer, he joined the said-post on March 28, 1958. The appointment was liable to be terminated on one week's notice on either side. He was also to be on probation for a period of three months. The appellant was promoted to a higher post of temporary Clerk Grade II on March 2, 1959. Admittedly, he was never made permanent.

(3.) At the time when the appellant joined service all the employees; of the High Commission, including the appellant, were governed by local civil service conditions called 'Estacode' terms. These terms were almost the same which were applicable to the civil service employees of the British Government. For some time past the Government of India was contem plating to alter the service conditions of the employees of the High Commission. This intention was expressed in the letter dated March 31, 1956 of the Deputy High Commissioner which was given the widest publicity among local members of the staff. Ultimately, on December 27, 1962 the President of India was pleased to promulgate a scheme for the formation of a local cadre in the High Commission of India in London. This scheme was to take effect from January 1, 1961. All the members of the staff of the Hign Commission who were in the service before August 15, 1947 were given the option of continuing on their then present scales of pay with such revisions as the Government of United Kingdom might give in future to the equivalent staff or of exercising their option for terms applicable to the new cadre. Separate orders were to issue as regards grant of option to the temporary employees recruited between August 15, 1947 and March 31, 1953. The right of option was extended to persons who had by 1963 put in at least 10 years service in the High Commission. In 1963it was further extended to those who had completed seven years service by 1963.