K RAVINDRANATH PAI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) These two civil appeals by special leave seek to challenge a common order dated 30-1-1988 of the Administrative Tribunal, Karnataka in Applications Nos. 4814 and 4815 of 1986 moved by the present two appellants. The Tribunal has dismissed these applications.

(2.) A few introductory facts to highlight the common grievance of the appellants may be noted at the outset. The appellants were initially diploma holders in engineering. They were recruited as Supervisors in the years 1960 and 1961 in the Public Works Department of Karnataka State. Later, appellant No. 1 acquired degree in Civil Engineering in 1967 and appellant No. 2 acquired graduation in engineering in 1970. At the time of their recruitment, relevant recruitment rules envisaged that only degree holders were entitled to be appointed as Junior Engineers, whereas diploma holders could be appointed as Supervisors. In 1969 this position was changed and both the cadres of Junior Engineers and Supervisors were merged into one cadre of Junior Engineers. This was followed by an order of the Karnataka State in 1971 extending identical pay scales with retrospective effect from 1-1-1957 to both graduate and diploma holder Junior Engineers. The Karnataka State by another order dated 9-1-1974 sought to bifurcate the service into two cadres, namely, Junior Engineer (Division-I) and Junior Engineer (Division-II). The former cadre was to comprise of degree holders and the later of diploma holders. This bifurcation of cadres was sought to be given retrospective effect from3-7-1969. This retrospective bifurcation was sought to be supported by an enactment called the Karnataka State Civil Services (Classification and Scale of Pay of Non-graduate Junior Engineers of the Public Works Department) Act, 1975 being Act 9 of 1975. The Act provided for classification and scale of pay admissible to non-graduate Junior Engineers of the Public Works Department of the State of Karnataka. By Section 2 of the said Act, the posts of non-graduate Junior Engineers were declared to have existed with retrospective effect from 1st November, 1956. By sub-section 2(1) (ii) of the said Act it was provided that the scales of pay admissible to such non-graduate Junior Engineers were to be only those specified for such category of posts and not those admissible to category of Junior Engineer graduates. These scales were also given retrospective effect from 1-11-1956.

(3.) The aforesaid bifurcation of cadres was brought in challenge in Karnataka High Court by writ petition No. 3182 of 1973. During the pendency of the writ petition Karnataka Act 9 of 1975 came into force. The High Court by its decision dated 1-9- 1981 took the view bifurcation of the combined cadre of Junior Engineers which was holding the field from 1969 to 1974 could be operative from 9-1-1974 for the purpose of separate pay scales of graduate and non-graduate Junior Engieers. In so far as the Act sought to give retrospective effect to its operation for a period prior to 9-1-1974, it was regarded as invalid. Accordingly, a writ of mandamus was issued restraining the respondents from recovering any part of the salary received by the non-graduate Junior Engineers petitioners for any period prior to 9-1-1974 and a further mandamus was issued to pay the salary which accrued to them up to 9-1-1974, which had not been paid. The writ petitions were accordingly partly allowed.