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1998 DIGILAW 1375 (SC)

Prabhakar Sharma v. Union of India

1998-12-02

G.B.PATTANAIK, SUJATA V.MANOHAR

body1998
ORDER : Sujata V. Manohar, J. This appeal is filed by the teachers of the Kendriya Vidyalaya at Kathmandu, Nepal. Prior to the year 1973, the Indian Cooperative Mission Overseas Office of the Government of India at Kathmandu in Nepal was running a higher secondary school at Kathmandu known as ICM Higher Secondary School. This School was taken over by the Kendriya Vidyalaya Sanghathan, New Delhi in the year 1973. The decision of the Government of India is conveyed in a letter from the Government of India, Ministry of Education and Social Welfare dated 16-7-1993. As per the decision, the existing staff of the Indian Cooperation Mission School which was retained by the Kendriya Vidyalaya Sanghathan after it took over the School, would draw Indian scales of pay with 50% of the pay as dearness allowance and 15% of the pay as house rent allowance. The teachers including the Principal, who would be sent from India to strengthen the teaching, would receive the normal pay and other allowances as admissible to the India-based teachers subject to the usual conditions. 2. It seems that from 1980 the India Cooperation Mission in Kathmandu was wound up. Thereafter for the first time in 1986 by an order dated 23-6-1986 the Ministry of External Affairs revised the foreign allowance to India-based staff in the Embassy of India, Kathmandu. Under para 6 of the said order dated 23-6-1986, the sanction of the President was accorded to the drawal of 50% of the net emoluments in U.S. dollars at the official rate of exchange fixed from time to time. This facility was given to the staff of the Indian Embassy at Kathmandu for the first time by this order. By a subsequent order of 29-1-1992 refixing, inter alia, the foreign allowance of India-based members of the Indian Embassy at Kathmandu, the sanction of the President was accorded to payment of 75% of net emoluments in U.S. dollars. 3. In the present appeal the appellants contended that the same facility of drawing a part of their emoluments in dollars should have been extended to them also. The High Court has rightly negatived this contention. 3. In the present appeal the appellants contended that the same facility of drawing a part of their emoluments in dollars should have been extended to them also. The High Court has rightly negatived this contention. The Kendriya Vidyalaya Sanghathan in its affidavit filed before the High Court pointed out that these teachers are not a part of the staff of the Embassy of India at Kathmandu; nor are they governed by the terms and conditions of employment of the Embassy staff unless so decided by the Kendriya Vidyalaya Sanghathan. The Kendriya Vidyalaya Sanghathan is a non-government body. The initial terms and conditions of employment were set out in the said letter of 16-7-1973. Thereafter, it is pointed out by the Kendriya Vidyalaya Sanghathan that the terms and conditions governing the teachers appointed to the Kendriya Vidyalaya, Kathmandu pursuant to various advertisements issued from time to time have been set out in the advertisements so issued. The Kendriya Vidyalaya Sanghathan has revised the rates of foreign allowance of their India-based staff at Kathmandu from time to time. They have, however, not extended the facility of payment of any part of their emoluments in U.S. dollars to their staff at Kathmandu. The High Court has, therefore, rightly come to the conclusion that there is no material on record which would indicate that the facility of drawing a part of the emoluments in U.S. dollars, which has been extended from 1986 onwards to the staff of the Indian Embassy at Kathmandu has been extended to the teachers of the Kendriya Vidyalaya at Kathmandu who are governed by the terms and conditions of service as determined by the Kendriya Vidyalaya Sanghathan. It may be that the Kendriya Vidyalaya Sanghathan has given allowances to the teachers of the Kendriya Vidyalaya at Kathmandu which are on a par with the allowances given to the India-based employees of the Indian Embassy at Kathmandu. However, in the absence of any decision of the Kendriya Vidyalaya Sanghathan granting the facility of drawing a portion of their emoluments in U.S. dollars, the appellants do not have any legal right to demand the same facility. If, subsequently such facility has been granted to the appellants, they would, of course, be entitled to the same. 4. We, therefore, dismiss the appeal. If, subsequently such facility has been granted to the appellants, they would, of course, be entitled to the same. 4. We, therefore, dismiss the appeal. We, however, make it clear that this decision should not come in the way of the Kendriya Vidyalaya Sanghathan considering the representations of the respondents and other such teachers and taking an appropriate decision thereon. Appeal dismissed.