H NNANJUNDASWAMY Vs. STATE OF MYSORE

JUDGEMENT

(1.) These are petitions under Article 226 of the Constitution by two Civil Servants of Class III and Class IV of the Mysore State Civil Services, for issue of Writs of Mandamus. The substance of the relief prayed for, which is rather vaguely worded, is that the respondent State of Mysore should be directed to fix uniform pay-scales for all their civil servants without discrimination, so that the new pay scales do not fall below the level of the scales applicable to the Civil Servants allotted from Bombay or Hyderabad.

(2.) The petitioner in Writ Petition No. 385/1960 joined as a Second Division Clerk in about 1950 and the petitioner in Writ Petition No. 316/1960 joined service on 1st July 1956 as a peon in the Government Secretariat of the former State of Mysore. On the formation of the new Mysore State under the States Re-organisation Act, 1956, hereinafter referred to as the Act, all Civil Servants in the employment of the former Mysore State and Coorg and a part of the services from the States of Bombay, Madras and Hyderabad, were allotted to the Respondent State under Section 115 of the Act. The Civil Servants now in the employment of the respondent, comprise of two categories, viz., (1) Civil Servants allotted under Sub-sections 1, 2 and 3 of Section 115 of the Act (2) Civil Servants appointed by the respondent after the 1st day of November, 1958.

(3.) The Services allotted from the different States were governed by different conditions of service. The question of amalgamation or what is called integration or the services arose consequent on the Reorganisation of States. The power of integration of the allotted services has been conferred on the Central Government under the Act. The respondent State Government prepared and published what are called Provisional Inter-State Seniority Lists, equating the posts for the said purpose on certain principles or considerations.