STATE OF MYSORE Vs. B BASAVALINGAPPA

JUDGEMENT

(1.) This appeal arises out of Special Leave granted by this Court against the judgment of the High Court in Writ Petition No. 2213 of 1970 decided on 6-3-1973.

(2.) The facts necessary for the disposal of this appeal are that the respondent was appointed as a Workshop Mechanic in B.D.T. College of Engineering, Devangere in the year 1953. He was promoted to the post of Workshop Instructor by order dated 7-8-1959 in the pay scale of Rs. 100-200. In 1961 the pay scales were revised with effect from 1-1-1961. Diploma holders were given the pay scale of Rs. 150-320 and Certificate holders Rs. 150-250 in the cadre of Workshop Instructor. The respondent who was a Certificate holder and not a Diploma holder was accordingly given the pay scale of Rs. 150-250.

(3.) By a notification dated 5-5-1964 the Government of Mysore made rules known as Mysore Education Department (Technical Education Department) (Recruitment) Rules and it is alleged that at about the same time the Government of India after accepting recommendations of the All India Council for Technical Education suggested revised pay scales of pay of Workshop Instructors and in these recommendations also the Workshop Instructors with second class Diploma or equivalent qualifications with 10 years' experience were given the pay scales of Rs. 260-500 and it is alleged that as the respondent was not entitled to this pay scale he was not given. It is alleged that in 1969 the respondent made a representation to the State Government and when he did not succeed in spite of repeated representations he filed a writ petition in the High Court of Karnataka, Bangalore alleging that by not giving the pay scale to the respondent the Government of Karnataka had discriminated.