B KRISHNA RAI Vs. STATE OF MYSORE

JUDGEMENT

(1.) The short question that arises in this writ petition is as to whether the petitioner who is an allottee from the former State of Madras in the cadre of Forest Rangers which is equated to the category of Ranger Grade II was on promotion as Ranger Grade I entitled to the pay scale of the Assistant Conservator of Forests.

(2.) Petitioner joined service as Ranger in the former State of Madras on the 18th of July 1949. The next promotional post in the former State of Madras was that of the Assistant Conservator of Forests. The scale of pay of Assistant Conservators was Rs, 300 to 700. Consequent upon the reorganisation of States, the post held by the petitioner, namely, Rangers in the former State of Madras was equated as Ranger Grade II. For the new State of Mysore, the Governor under the proviso to Art.309 of the Constitution of India, framed Rules what are known as "Mysore Forest Service Rules" and the cadre of Rangers is divided into two grades; one was Ranger Grade I, the other was Ranger Grade II. As the post held by the petitioner was equated with that of Ranger Grade II, the petitioner was promoted as Ranger Grade I and asked to take the scale of pay of Rs.250-10-290-15-350. The case of the petitioner is that he has been in the service of the Madras State as Ranger for a period of 7 years and when he was promoted to the next higher category from 15-7-62, he was entitled to the protection of the pay on promotion and hence entitled to the scale of pay of Rs. 300-700- The claim made by the petitioner was rejected and hence he has filed the present writ petition for the issue of a writ in the nature of mandamus directing the respondents to fix the scale of pay in the stage next above his substantive pay viz., Rs.340 in the scale of Rs.300-40/2- 500-50/2-700 with effect from 15-7-1967.

(3.) One behalf of the respondents a counter affidavit has been filed and the contention raised in the counter affidavit is that in order to qualify to secure the protection of the pay scale of the parent State it should be shown that the petitioner was promoted to a higher post in the new State of Mysore which was equivalent to the post in his parent State to which he would have been promoted but for the reorganisation of States. It is also stated that the petitioner has to show that the duties and responsibllties of the higher post in the new State of Mysore are the same as the duties and responsibilities of the post to which he would have been promoted in the parent State. It is also stated that merely on the ground that promotion is effected in the new State of Mysore the higher scale of pay attached to a post in the parent State are not made available to him. It was therefore stated that the petitioner was not entitled to the pay scale of Rs.300-700 on promotion as I Grade Ranger or Range Forest Officer,