Case: State Of Mysore &amp; Anr Vs. P. Narasing Rao

1. This appeal is brought, by special leave, from the judgment of the Mysore High Court dated January 15, l963 in Writ Petition No. 48 of 1962 granting a writ in the nature of mandamus directing the appellants to accord to the respondent the benefit of both the revised higher pay scales for the Matriculate Tracers with effect from the respective dates on which they came into force2. The respondent, Narasing Rao was employed as a tracer in the Engineering Department in the Ex-Hyderabad State on the scale of pay Rs. 65-90. In the cadre of tracers of that State, there were matriculates as well as non-matriculates. But there was no distinction made in the scale of pay for that reason and all the tracers were placed in the same scale. The respondent was a non-matriculate. There was re-organisation of States in 1956 and as a result of the re-organisation a part of the area of Hyderabad State became part of the new Mysore State. The respondent was allotted to the new Mysore State. After the transfer of the respondent to the new State, the cadre of tracers into which tracers from Bombay State had also been absorbed was re-organised into two grades, one consisting of matriculate tracers whose scale of pay was fixed at Rs. 50-120 and the other of non-matriculates at Rs. 40-80 with effect from January 1, 1957. It is necessary to state that in the old Mysore State even before November 1, 1956 there were two grades of tracers, viz., non-S. S. L. C. tracers on the pay scale of Rs. 30-50 and S.S.L.C. tracers on the pay scale of Rs. 40-60. As the respondent was a non-matriculate he was given the option to accept the new scale of pay i. e., Rs. 40-80 or remain in the old Hyderabad scale of Rs. 65-90. But the respondent refused to exercise the option and claimed that the cadre of tracers in the new Mysore State should not have been divided into two grades and that no distinction should have been made between matriculates ant non-matriculates. The respondent insisted that his pay should be fixed in the grade Rs. 50-120. The claim was rejected by the Superintending Engineer on March 19, 1958 and the respondent was told that he could only be fixed in the new revised scale of Rs. 40-80 as he had not passed the S. S. L. C. examination. Meanwhile, by an order of the Government dated February 27, 1961 the pay scales of the tracers in the new State of Mysore were further revised and the revised pay scales were directed to come into force with effect from January 1, 1961. Under this Government order, the tracers who had passed the S. S. L. C. examination were entitled to opt in favour of the pay scale Rs. 80-150 and those who had not passed that examination were entitled to get into the pay scale of Rs. 70-110. The respondent claimed that he was entitled to the pay scale applicable to the tracers who had passed the S. S. L. C. examination viz., Rs. 80-150. The claim of the respondent was rejected. Thereafter the respondent filed a writ petition in the Mysore High Court praying that the order of the Superintending Engineer dated March l9, 1958 fixing his pay in the scale of non-matriculate tracers and giving him the option to retain his old scale may be quashed and for a writ in the nature of mandamus to fix his pay in the scale prescribed for matriculate tracers. The High Court allowed the writ petition, holding that there was a violation of the guarantees given under Articles 14 and 16 of the Constitution and granted the relief claimed by the respondent on the ground that there was no valid reason for making a distinction as both matriculate and non-matriculate tracers were doing the same kind of work.

Reasoning: It was stated that in the erstwhile Hyderabad State the respondent was kept in one grade along with matriculate tracers and there has been a violation of the proviso to Sec. 115(7) ofthe States Reorganisation Act,, because in the new Mysore State the respondent has been made to work in a separate grade of non-matriculate tracers. We do not think there is any substance in this contention. We do not propose, in this case, to consider what is the full scope and meaning of the phrase "Conditions of service" occurring in the proviso to Section 115 of the States Reorganisation Act. It is sufficient for us to say that, in the present case, there is no violation of the proviso and the respondent is not right in contending that his condition of service is adversely affected because he is made to work in the grade of non-matriculate tracers in the new Mysore State. It was alleged by the respondent that according to Hyderabad rules 20 per cent of the vacancies of Sub-Overseers were to be from the grade of tracers and for those who were not promoted there was another grade of Rs. 90 -120 and if the order of the Superintending Engineer dated March 19, 1958 was to stand, the respondents chance of promotion would be affected. In their counter-affidavit the appellants have said that 10 per cent of the tracers in the new State of Mysore are entitled to be promoted to the grade of Assistant Draftsmen in the scale of Rs. 110-220. The basis of promotion to the higher grade was the inter-State seniority list prepared under the provisions of the States Reorganisation Act. It was stated that the seniority of the respondent was not affected and he had not been deprived of any accrued benefits. The basis of promotion to the higher grades was selection based on meri-cum-seniority. In other words, both matriculates and non-matriculate tracers were eligible for promotion on the basis of the inter-State seniority list prepared for this Department. In our opinion, Counsel on behalf of the respondent is unable to make good his submission on this aspect of the case4. The relevant law on the subject is well settled. Under Article 16 of the Constitution, there shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State or to promotion from one office to a higher office thereunder. Article 16 of the Constitution is only an incident of the application of the concept of equality enshrined in Article 14 thereof. It gives effect to the doctrine of equality in the matter of appointment and promotion. It follows that there can be a reasonable classification of the employees for the purpose of appointment or promotion. The concept of equality in. the matter of promotion can be predicated only when the promotees are drawn from the same source.