H VEEBABHADRAPPA Vs. DEPUTY COMMISSIONER RAICHUR

JUDGEMENT

(1.) The petitioner H. Veerabhadrappa, joined the services of the State Government in the office of the respondent- Deputy Commissioner, Raichur District, Raichur, as II Division Clerk on 21-11-1958. It appears that the respondent- Deputy Commissioner circulated a provisional Gradation List of I Division Clerks and II Division Clerks of that District and the petitioner's name was not to be found in the List. Therefore, he had filed W. P. No.. 6132/1976 praying for a mandamus to include his name in the List and that petition came to be disposed of by this Court on 20-2-1977 without any specific order being issued as his name had already been included in that List. The grievance of the petitioner in this writ petition is that on account of the Order of the Government bearing No. FD 37 SRP 1 (71) dated 22-2-1971 issued for implementation of the recommendations of the Pay Committee headed by Justice Tukol (as ihe then was) regard should have been had to the recommendations where a particular cadre was stagnated for a long period without any avenue of promotions, a special Selection Time Scale of pay was to be awarded subject to other conditions being satisfied. In Annexure III to, the Order above mentioned, the Government provided for implementation and awarding of the Selection Time Scale of Pay relevant to the petitioner's cadre in the following terms:

(2.) It is now stated by the petitioner that without considering the above provision made by the State of Karnataka for awarding the Selection Time Scale of Pay in the cadre of II Division Clerks to which the petitioner is entitled having put in the required number of years, viz., 10 years continuous service, he discovered that one V. G.Kulkarni who was admittedly junior to the petitioner (who has not been made a party to this proceeding) was awarded the Selection Time Scale of pay. On petitioner's making a representation to the respondent-Deputy Commissioner, he was served with an endorsement as per Ext.-D to the petition by which he was informed that he was not awarded the Selection. Time Scale of Pay having regard to the adverse remarks in the confidential reports. This endorsement was issued on 21-8-1976. Aggrieved by the said endorsement, the petitioner" has approached this Court under art. 226 of the Constitution praying for the issue of a writ of certiorari to quash the endorsement dated 21-8-1976 at Ex-D and for a direction in the nature" of mandamus to consider his case for being sanctioned Selection Time Scale of Pay in the Grade Rs. 120-5-150- 8-190-EB-10-240 from the date on which his juniors were awarded that Selection Time Scale of pay.

(3.) Though several grounds have been urged by the petitioner Shri Murlidhar Rao, learned Counsel appearing for the petitioner has pressed into service only two of them which may be summarised as follows: