AMULYA KUMAR TALUKDAR Vs. UNION OF INDIA

JUDGEMENT

(1.) This judgment will dispose of Civil Writs No. 342-D of 1958 No. 343-D of 1958 in which the points raised are identically the same.

(2.) Amulya Kumar Talukdar petitioner was appointed by the Director, Indian Institute of Technology, Kharagpur, before the Indian Institute of Technology (Kharagpur) Act, 1956, (hereinafter to be referred to as the Act) came into force, as a peon (General Central Services (Non-Gazetted Class IV). His post was declared permanent and personable and the place of duty was designated as the Indian Institute of Technology, Kharagpur, but it was mentioned that he might be required to serve under the Central Government anywhere in India, vide Annexure 'A'. On 14th November 1956 there was another office order issued by the Register, Indian Institute of Technology, Kharagpur, according to which the petitioner was confirmed in his post with effect from 30th September 1954 against the post of office peon in the scale of Rs. 30-1/2-35.

(3.) The other petitioner, Amiya Kanta Datta, was originally appointed in the office of the Director General, Industries and Supplies, New Delhi, on 23rd December, 1942 and then his services were transferred from the Department to the Indian Institute of Technology and he was appointed with effect from 8th June 1950 as a temporary Upper Division Clerk. Thereafter he was confirmed in that post towards the end of March 1951 with effect from 1st April 1951. He was promoted as an Assistant with effect from 1st April 1951 in the scale of Rs. 160 to 450/- per month and was confirmed in that post on or about 11th September 1951.