PRESIDENT POURA KARMIKA SANGHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) WRIT appeals Nos. 1504 to 1506 of 1990, are against the orders in w.ps. Nos. 19058/1986, 18875/1986, 18876/1986, respectively; WRIT appeals Nos. 1554 and 1555 of 1990 are against orders in w.ps. Nos. 20452 and 20453 of 1986. Writ appeal 1518/1990 is against the orders of single judge in W.P. No. 21409/1986. These petitions were disposed of by a common judgment by the learned single judge on 23-1-1990. Writ petition No. 21007/1990 is by a registered union called "hubli-dharwad mahanagarasabheya harijan girijan navakara sangha," it is filed on 23-10-1990, nine months after the disposal of the above petitions; the reliefs claimed in this petition are substantially the same. On 24th october, 1990, the learned single judge directed this petition to be brought up after the disposal of w.a.no. 1518/1990, referred to above. Thereafter the petitioner filed a memo on 25-10-1990, to hear this matter along with WRIT appeals, referred to above. By order dated 30-10-1990, passed by a bench, presided by the Hon'ble chief justice, this matter is posted for hearing along with the above referred WRIT appeals. Hence it is before us. Heard sriyuths k. Subbarao, k.r.d. karanth, subramanya jois, vigneshwar shastry and other advocates for the appellants and petitioner and Mr. Nanjunda Reddy for hubli dharwad municipal corporation. The appellants being petitioners in original proceedings, they will be referred to as "petitioners." All the petitioners are holders of certain posts below the rank of superintendents, hubli- dharwad municipal corporation (shortly referred as hdm corporation). The pay scales of these posts, prior to 1-10-1975, were as follows: "1. Rs. 65-2-95 2. Rs. 80-3-110-4-130-5-145 3. Rs. 90-4-110-5-170-eb-6-120 4. Rs. 100-5-150-6-180-eb-10-220 5. Rs. 120-5-150-8-190-eb-10-240 6. Rs. 130-5-140-8-180-eb-10-260-15-290 7. Rs. 160-10-260-eb-15-350 8. Rs. 175-10-275-15-350-eb-20-450" on 13th august, 1974, the state government constituted one-man commission, appointing Mr. A. Narayan pai, retired chief justice, High Court of Karnataka, to examine the existing pay structure and make suitable recommendation. The commission submitted its report on 8-3-1976; the state government by its order dated 13-7-1976, appointed an official committee to examine the recommendation and several representations received in relation thereto. The official committee submitted its report on 25th october, 1976. The state government accepted the recommendations, as modified by the official committee and framed rules, under the proviso to Article 309 of the Constitution of India, called Karnataka civil services (revised- pay) rules, 1976, whicb ame into force on 1st january, 1977. These rules were applicable to state government employees; therefore the state government by order No. Hma 1173 mlr 76, dated 31st may,1976 accordee sanction for adopting the revised pay acales by the municipal corporations in the state subject to the condition that "the pay of the employees shall be fixed in accordance with k.c.s. (revised pay) rules, 1976." Consequently, the administrator, h.d.m. corporation, passed a resolution on 14-6-1977, extending the revised pay rules to the corporation employees with effect from 1-1-1977. As there was no elected body, the administrator was in-charge of the corporation. Along with the resolution, the administrator notified the "fitment" in the "revised pay" scales corresponding to the "existing pay scale." The expression "existing pay scale" is defined in the revised pay rules, 1976 as: