A.P. Singh, J. - (1.) Sri Shankerji Singh Petitioner has filed the present writ petition with the prayer that the Director of the Institute of Engineering and Rural Technology, Allahabad (hereinafter called the 'IERT') may be directed by a writ of mandamus to allow him. to join his post of Engineering Instructor/Assistant Lecturer in I.E.R.T. He has also prayed for issue of order to accord all benefits which are obviously attached to his joining of the post.
(2.) Brief facts involved in this writ petition are that the Petitioner was appointed as Engineering Instructor, which post is now equivalent to that of Assistant lecturer by order dated 22nd October, 1980 which was to be effective from 1-10-1980 in the pay scale of Rs. 325-575. A copy of the letters of appointment has been filed as annexure 1 to the writ petition. The order reads as follows: "Allahabad Polytechnic, Allahabad AD HOC Appointment No. AP/PF/4201 dated 21-11-80 Sri Shanker Ji Singh, M.T. Line 117/9, Cariappa Road, Allahabad. You are hereby temporarily appointed as Engg. Instt. on Rs. 325/- P.M. Three hundred Twenty five plus D.A. in the grade of Rs. 305-10-375-12-495-16-575 payable from Rac A/c w.e.f. 1-10-80. You should join your post latest by Your services are terminable at any time without notice. Copy to : 1. Account Section (Asstt.) (R.N. Kapoor) Principal"
(3.) A perusal of the order would show that the Petitioner was appointed on temporary basis in the pay scale of Rs. 305-10-375-12-495-16-575 on a consolidated salary of Rs. 325/- per mouth plus D.A. It was made clear that his services will be terminable at any time. Where after Petitioner was transferred from one post to another post in the service of I.E.R.T. and finally he was sent on deputation in the service of Navodaya Vidyalaya Samiti by order date 26-11-86. The order, which is important for the purposes of this case, reads as follows : INSTITUTE OF ENGINEERING AND RURAL TECHNOLOGY 26, Chatham Lines (near Prayag Station Allahabad) 211 002-U.P. (India) IERT/Estab/2723 dated 26-11-86 Consequent to his appointment as W.E.T. (Craft Teacher) by the Navodaya Vidyalaya Samiti Shastri Bhawan, New Delhi, Shri Shankerji Singh has been relieved of his duties in this Institution provisionally with effect from 26th November, 1988 A.N. His lien in this institution has been retained for two years from the date of his relief. The relief of Sri Shankerji Singh is provisional subject to production of No Dues Certificate which he has not been able to submit due to strike by the employees of this institution. Director Copy forwarded for information and necessary action to: 1. The Director, Navodya Vidyalaya Samiti, Room No. 115, Ist Floor, C-Wing, Shastri Bhavan, New Delhi - 110 001.";