SHRI ARIDAMAN NATH Vs. UNION OF INDIA

JUDGEMENT

(1.) This is a petition under Article 228 of the Constitution of India and arises out of the following circumstances:--

(2.) By an order dated 5th July, 1952, the petitioner; was selected for appointment as Factory Manager, Himachal Rosin and Turpentine Factory Nahan, at Rs. 250/p. m. in the scale of Rs. 250-10-450. He was to be on probation for a period of one year from the date of joining. He took over charge of the aforesaid post on 14-7-1952. The period of probation expired on 14-7-1953 and was not extended. He continued to hold the aforesaid post till 20-5-1959 when he was transferred to Paonta as Superintendent of Potteries Centre in the pay scale of Rs. 300-25-450, The petitioner's pay as Superintendent Potteries Centre was fixed at Rs. 310/p. m. By a telegram dated 28-3-1980 the petitioner was required to hand over charge to one Shri Bhattacharji and to report for duty at Simla. He handed over charge on 31-3-1960 and reported for duty to the Director of Industries at Simla. No order was made by the Administration regarding the posting of the petitioner and he submitted representations to the Director of Industries, Secretary (Industries), Chief Secretary to the Himachal Pradesh Administration and the Lieutenant-Governor, Himachal Pradesh and the President of India requesting them to restore him to the post of Manager, Himachal Rosin and Turpentine Factory Nahan or to any higher post but there has not been any response to those representations. Ever since 9-4-1960 he has been performing such duties as were assigned to him by the Industries Department but no salary has so far been paid to him. He has, therefore, prayed that a writ of mandamus or any other appropriate writ, order or direction may be issued to the respondents directing them to restore him to the post of Factory Manager, Himachal Rosin and Turpentine Factory and pay him his salary and other dues with effect from 1-31960.

(3.) The application has been opposed on behalf of the respondents on the grounds that the petitioner was appointed temporarily to the post of Manager, Rosin and Turpentine Factory, Nahan, in the scale of Rs. 250-10-400, that it was by mistake that in the order of appointment the maximum of the pay scale was indicated as Rs. 450/- and that the period of probation was to be one year. The respondents contention is that the post of the Manager, Rosin and Turpentine Factory Nahan was temporary and no permanent appointment could have been made to that post. Their further allegation is that even though the Administration had a right to terminate the services of the petitioner it did not do so as a measure of clemency and appointed him as Employment Officer in the grade of Rs. 200-15-350 but he did not join that post, that the salary due to the petitioner from 1-3-1960 to 17-31960 was remitted to him by Remittance Transfer Receipt which he did not accept and that no question can arise of the payment of any salary for the period after 84- 1960 as the petitioner did not join as Employment Officer as ordered by the Administration. It has, lastly, been contended that as the headquarters of the Union of India were at New Delhi this Court did not have jurisdiction to issue any writ to that authority.