STATE OF MYSORE Vs. R N RAJANNA

JUDGEMENT

(1.) This is an appeal by special leave from a judgment of the Mysore High Court allowing a petition filed under Article 226 of the Constitution by Respondent No. 1 and granting him certain reliefs.

(2.) The facts may be briefly stated. Respondent No. 1 joined as a Veterinary Inspector in December 1953. In September, 1961, he was posted as Lecturer in Clinical Medicine in the Medical College of Bangalore. On 25th October, 1961, he was temporarily promoted "without prejudice to the seniority of others" as General Manager, Hubli-Dharwar Milk Supply Scheme in the scale of Rs. 250-20-360-25-500 (revised scale) with immediate effect. On 13th December, 1962, Respondent No. 2 was promoted as Dairy Extension Officer in the grade of Rs. 175-400. On 2nd April, 1963, Respondent No. 2 was posted as General Manager of the Dharwar Milk Supply Scheme in the grade of Rs. 250-500. By another order made on the 15th May, 1966 in modification of the previous order, Respondent No. 2 was posted as Superintendent, Bangalore Milk Supply Scheme on his own pay and scale of General Manager. That was a Class II post. On 19th October, 1963, the grade of Class II was given to Respondent No. 2 in the scale of Rs. 275-600. It may be mentioned that all these postings were done in an officiating capacity. In December, 1964, the post of General Manager of the Hubli-Dharwar Milk Supply Scheme was upgraded to Class II. The Respondent represented that although he was occupying a Class II post he was drawing a salary of Class III post and, therefore, he should be given the salary in the grade of Rs. 275-600 being the salary of Class II grade. His claim was negatived by an order dated July 23, 1966. Ultimately, he filed a petition under Article 226 challenging the order negativing his claim and asking for other reliefs.

(3.) The High Court took the view that when Respondent No. 1 became a Dairy Development Officer in the year 1962 which was a Class II post, he could not be given the emoluments less than those payable to the 'occupant of Class II post'. Rule 32 of the Mysore Civil Services Rules was held to be inapplicable to him. The High Court does not appear to have gone into the question which had been raised in the petition that Respondent No. 2 who was junior to him was given the promotions and other benefits which offended the fundamental right of the equality of opportunity in the matter of promotion. In addition to quashing the impugned order, the High Court issued a direction for payment to Respondent No. 1 of the emoluments of Class II post from the appropriate date.