MOHAN, J. - (1.) THE writ petition under Art. 32 of the Constitution of India has been preferred by the National Federation of State NFC (Physical Education) Teachers' Associations.
(2.) PETITIONER No. 1 (Federation) has a membership of 7,000 Physical Education Teachers working in the various schools other than primary schools in the country. A scheme known as 'National Discipline Scheme' (for short NDS) was started in 1954 for inculcating discipline and imparting training in mass drill among the younger generation in the refugee camps and colonies. In 1958 the scheme was transferred to the Ministry of Education and was enlarged to cover a number of high schools. In 1963, the new integrated programme known as "National Fitness Corps" (for short NFC) was approved for adoption in schools. It was decided that the instructors working under N.D.S. were to function in the schools under the administrative control of the State Governments. They should be transferred to States and merged with the cadre of Physical Education Teachers of the States. The pay scale of N.F.C. instructor previously known as N.D.S. instructor Junior Grade I was Rs. 110-200 on 31-12-66. This was revised from time to time. As on 1- 1 -73 it was Rs. 330-560. This was revised to Rs. 118-225 with effect from 1-1-67. The petitioner would contend that the pay scales were those which were applicable to teachers in primary schools. The fixation of the said pay scale of the primary school teacher instead of the pay scalp of secondary school teacher was given to the N.F.C. instructors by mistake. Though there were subsequent revisions, the pay scale applicable to a secondary teacher was denied.
(3.) REPRESENTATIONS were made in this behalf but were of no avail. Some of the teachers approached the High Court of Karnataka by means of a writ petition. A writ of mandamus was ultimately issued directing the Central Government to extend the revision of pay. That appeal was dismissed and the judgment is reported in Union of India v. R. G. Kashikar, AIR 1986 SC 431.;