H S DHIMAN Vs. NDMC

JUDGEMENT

(1.) The present writ petition has been filed by the petitioner assailing the order dated 16th December, 1988 passed by the respondent/NDMC refixing the pay of the petitioner to the post of Junior Drawing Teacher in supercession of the earlier Office Order dated 29th November, 1984.

(2.) In a nutshell, the facts of the case are that the petitioner was appointed with the respondent, as Junior Drawing Teacher Grade-III on 8th December, 1996. The Government of India,Ministry of Education and Social Welfare issued an Office Order dated 27th July, 1978 wherein it was provided that the post of Drawing Teacher Grade III would be upgraded to and merged with the post of Drawing Teacher Grade II. The scale of pay for the post of Junior Drawing Teacher III, at the relevant time, was Rs.425-640. This was proposed to be upgraded in terms of the aforesaid Office Order dated 27th July, 1978 to the scale of Grade II, i.e. Rs.440-750. Vide Office Order dated 26th September, 1980, the respondent adopted an Office Order issued by the Government of India upgrading the Grade III post to Grade II post. After upgradation of the post from Grade III to Grade II, the respondent issued an Office Order dated 29th November, 1984 in favour of the petitioner whereunder the petitioner was informed of the upgradation of the post of Junior Drawing Teacher in the scale of Rs. 440-20-750 with effect from 27th July, 1978 with corresponding Selection Grades of the two scales of Rs.600-25-750 and Rs.740-35-880 respectively. By the aforesaid Office Order, the petitioner was further conveyed that his basic pay was fixed with effect from 1st July, 1984 at Rs.950/- in the scale of Rs.740-880.

(3.) Pursuant to the aforesaid fixation of pay of the petitioner and upgrading his post, he was granted arrears of pay of the selection grade which fell due to him with effect from 27th July, 1978. Consequent to the adoption of the recommendations of the Fourth Pay Commission, with effect from 1st January, 1986, the basic pay of the petitioner was fixed at Rs.2600/- in the scale of Rs.1640-2900 and the same was conveyed to the petitioner vide Office Order dated 17th November, 1986 stating that his basic pay in the scale of Rs.1640-2900 was fixed at Rs.2825/- with effect from 1st January, 1986 and at Rs.2900/- with effect from 1st January, 1987.