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Merey Soans Vs. State of Mysore by Its Chief Secretary, Vidhana Soudha, Bangalore - Court Judgment

LegalCrystal Citation
SubjectService
CourtKarnataka High Court
Decided On
Case NumberWrit Petn. No. 1351 of 1966
Judge
Reported inAIR1969Kant348; AIR1969Mys348
ActsStates Reorganisation Act
AppellantMerey Soans
RespondentState of Mysore by Its Chief Secretary, Vidhana Soudha, Bangalore
Excerpt:
.....in view of this, it can be said that the portuguese family law would be the court of domicile, within the state of goa. impugned order was quashed. - that that is so was an excellent ground for the continuance of the higher pay scale in the case of the hyderabad allottees or for the continuance of the lower pay scale in the case of the allottees from the state of madras......in a high school in south kanara district in the madras state, which became part of the new state of mysore under the states reorganisation act, on november 1, 1956. the pay scale applicable to the post held by her when the reorganisation took place was rs. 50-60. on january 1, 1957 it became rs. 50-100 and it was again revised and became rs. 80-130 when there was another revision of pay scales in the new state of mysore on january 1, 1961.2. when there was the reorganisation of states, persons who were physical instructors in the erstwhile state of hyderabad were allotted for service in the new state of mysore, and they became physical instructors in that new state. some physical instructors of the other three areas which became part of the new state of mysore also became.....
Judgment:

Somnath Iyer, J.

1. The petitioner was a physical instructress in a high school in South Kanara District in the Madras State, which became part of the new State of Mysore under the States Reorganisation Act, on November 1, 1956. The pay scale applicable to the post held by her when the reorganisation took place was Rs. 50-60. On January 1, 1957 it became Rs. 50-100 and it was again revised and became Rs. 80-130 when there was another revision of pay scales in the new State of Mysore on January 1, 1961.

2. When there was the reorganisation of States, persons who were physical instructors in the erstwhile State of Hyderabad were allotted for service in the new State of Mysore, and they became physical instructors in that new State. Some physical Instructors of the other three areas which became part of the new State of Mysore also became physical instructors in that new State and all these posts were treated as equivalent posts in respect of which a common seniority list was prepared.

3. On November 19, 1962, there was a revision of the pay scales of Physical instructors, and that revised pay scale was given retrospective effect from January 1, 1957, but its operation was restricted only to the physical instructors who arrived from the erstwhile State of Hyderabad. The pay scale which retrospectively became effective in that way was Rs. 75-160, from January 1, 1957.

4. By the same Government order of November 19, 1962, the pay scale was subjected to another revision which became Rs. 130-210 with effect from January 1, 1961. This revised pay scale was also made available only to the allottees from the erstwhile State of Hyderabad.

5. The resultant position was that under the Government order of November 19, 1962, physical instructors who were allotted from the erstwhile State of Hyderabad became entitled to the higher pay scale of Rs. 75-160 from January 1, 1957. as against the lower pay scale of Rs. 80-130 with which they arrived in the new State of Mysore. They again became entitled to the still higher pay scale of Rs. 130-210 with effect from January 1, 1961.

6. But in the case of the other physical instructors who were allotted from the other four areas, the pay scale continued to be Rs. 50-100 from January 1, 1957 and Rs. 80-150 from January 1, 1961. So, on both the dates on which there was a revision of pay scales, the allottees from the other four areas were allotted a lower pay scale than that of the allottees from the State of Hyderabad. The petitioner therefore seeks a direction that the higher pay scales which were made available to the Hyderabad allottees should also be made available to her, and we are of the opinion that the direction sought cannot be refused.

7. It is undisputed that all the posts of physical instructors throughout the new State of Mysore are equivalent posts and that equivalence has since received the approval of the Central Government. It is also not disputed that in respect of all these physical instructors, a common seniority list has been prepared by the Central Government. So all these physical instructors belong to one cadre, and, are therefore, in that sense, equals.

8. When there was a concourse of services from the different States in the new State of Mysore, any revision in the pay scale with respect to a cadre, after there was such concourse, could not be revised only for one sector of that cadre and not made available to another. It is true that the post of a physical instructor in the erstwhile State of Hyderabad carried a higher pay scale than the pay scale which was applicable to the post of a physical instructor in the State of Madras to which the petitioner belonged. That that is so was an excellent ground for the continuance of the higher pay scale in the case of the Hyderabad allottees or for the continuance of the lower pay scale in the case of the allottees from the State of Madras. But once the allottees from the five different regions became physical instructors in the new State of Mysore and their posts were recognised as equivalent posts, there could be no justification for prescribing a higher pay scale in respect of the allottees who arrived from one state or a lower pay scale for the allottees from another. That discrimination is not possible even on the ground that the pay scale with which the allottees arrived from one State was lower than the pay scale of certain others who arrived from another.

9. Mr. Vasudeva Reddy, however, explained to us that the justification for the prescription of a higher pay scale for the Hyderabad allottees was that before those allottees became physical instructors in that State they were general teachers as they are called and that the pay scale of general teachers who were allotted to the new State of Mysore was revised and when that pay scale was revised and became higher, it was considered reasonable and just that the pay scales of the physical instructors who arrived from that State should also be similarly revised although the pay scales of the other physical instructors were not.

10. It is undisputed that the cadre to which the general teachers who arrived from the State of Hyderabad belonged was the same as the cadre of physical instructors in the erstwhile State of Hyderabad. But the equivalence between the post of a general teacher and the post of a physical instructor in the erstwhile State of Hyderabad had no relevance after the integration of the services in the new State of Mysore which inducted the general teachers in the new State of Mysore into a cadre which was different from the cadre in which the physical instructors of the erstwhile State of Hyderabad were placed. That being so, the postulate that by reason of the assignment of a higher pay of scale in the new State of Mysore to general teachers who arrived from the erstwhile State of Hyderabad, the physical instructors from the erstwhile State of Hyderabad became exclusively entitled to that higher pay scale cannot be sustained and is not sound.

11. Once there was the assignment of a higher pay scale to the physical instructors who came from the erstwhile State of Hyderabad, the benefit of that higher pay scale could not be refused in the case of the other physical instructors who belonged to the same cadre whatever may be the region from which they were allotted.

12. It has been pointed out to us by Mr. Rama Jois that the rank assigned to the petitioner in the final inter-State seniority list is higher than the rank assigned to some of the physical instructors who were allotted from the erstwhile State of Hyderabad and it is therefore quite incongruous that a lower pay scale should be made applicable to the petitioner while a higher pay scale is applicable to persons who are juniors to her.

13. So we allow this writ petition and make a direction that the petitioner also should be made available the benefit of the higher pay scales which were made available to the physical instructors who were allotted from the erstwhile State of Hyderabad with effect from the dates from which those higher pay scales became effective in their case. The petitioner will be entitled to all other consequential advantages and benefits flowing from this judgment. No costs.

14. Petition allowed.


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