NATHI SINGH Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) (Oral) - This petition under Art. 226 of the Constitution of India seeks a writ of mandamus directing respondents 1 to 3 to fix the petitioner's pay in the selection grade of 400-500 w.e.f. the due date i.e. Sept. 5,1971 in terms of the orders of the Government of India on the post of drawing teacher, Grade-Ill,

(2.) By the office order dated 21.11.1963 the petitioner was appointed as drawing teacher in Municipal Boys Middle School, Laxmibai Nagar, New Delhi against the additional post sanctioned vide resolution No.31 dated 13.9.1963 of the New Delhi Municipal Committee w.e.f.9.11.1963 on Rs.130.00 per month in the pay scale of Rs 130-300 plus allowances. One of the terms of the appointment was that the appointment was purely temporary upto 30.4.1964 and could be terminated at any time without any notice and without any reason being assigned. In pursuance of NDMC's resolution No.67 dated 1.5.1964 the appointment of the petitioner as also of other teachers was regularised. The petitioner was appointed on regular basis. The appointment was notified by the office order dated 6.5.1964.

(3.) Office order dated 27.12.1966 notifies that Shri Harpal Singh Dhiman, an approved candidate on the panel of Junior drawing teachers is appointed as junior drawing teacher and posted w.e.f. 8.12.1966 forenoon on Rs. 130.00 per month in the scale of Rs. 130-300 plus allowances in Municipal Co-educational Middle School, Laxmibai Nagar, New Delhi vice Shri Nathi Singh who on his having been selected for the post of junior drawing teacher in the scale of Rs. 160-300 by the same resolution is transferred and posted w.e.f. 8.12.1966 forenoon as junior drawing teacher on Rs.160.00 per month plus allowances in M.B.Hr.Secondary School, Reading Road, New Delhi vice Shri Gauri Shankar retired. The terms and conditions of appointment of Shri Nathi Singh were to remain the same as laid down in the office order dated 6.5.1964. By resolution No.31 dated 17.5.1968 the NDMC declared various temporary posts as permanent posts. It included the post of senior drawing teacher held by the petitioner and the junior drawing teacher held by Shri H.P.Singh Dhiman, respondent No.4 herein.