M MUNIREDDY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In this writ petition the following question of law arises for consideration : When a post in any of the services of this State is upgraded, whether the person, who held the post before such upgradation, should be deemed to have been appointed to the upgraded post and consequently entitlcd to the higher pay scale fixed for the upgraded post ?

(2.) The facts of the case, in brief, are as follows: (1) The petitioner was manager on the establishment of the Government Law College, Bangalore. The post was a Class III post. It carried the pay scale of Rs. 150-8-190-10-270 in accordance with the Mysore Civil Services (Revised Pay) Rules, 1961. The pay scales applicable to all the civil servants of this State were revised by the Karnataka Civil Services (Revised Pay) Rules, 1970. These rules came into force with effect from 1st January 1970. By virtue of Rule 4 of the said Rules the civil servants were entitled to the revised pay as specified against the concerned post in the schedule to the said rules. The relevant portion of th schedule to the rules applicable to the Law College reads as follows:

(3.) Aggrieved by these orders the petitioner has presented this petition praying for setting aside the Government Order dated 28th January 1976 and also praying for the issue of a writ of Mandamus directing the respondents 1 and 3 to extend to him the pay scale of Rs. 275-550 with effect from 30th July 1971 and to give him all consequential benefits. Respondent-2, the Registrar, Bangalore University is also made a party to the petition as the Law College was handed over to the Bangalore University by the Government in of about the year 1976.