N S SUBBA RAO Vs. STATE OF MYSORE

JUDGEMENT

(1.) N. S. Subba, Rao the petitioner-is a village accountant. In this petition under Art.226, he complains about the discrimination made in the pay scale given to him with effect from 1-1-1970.

(2.) Briefly stated the facts are these. The petitioner was appointed as a Village Accountant in the year 1843 under the provisions of the Mysore Village Offices Act, 1908. The said Act was repealed by the Mysore; Village Offices Abolition Act, 1961. Thereafter the Mysore General Services Revenue Subordinate Branch Recruitment Rules, 1961 were framed under the proviso to Art.309 of the Constitution. By the said Rules, provision was made for the recruitment of village accountants. Qualification fixed for the direct recruitment was a pass in SSLC Examination. The said qualification wag relaxed in respect of persons who had already served as Village Accountants under the MVO. Act, 1908. For them, it was sufficient, if they have passed VIII Standard and were within 50 years of age.

(3.) The petitioner continued to draw the caid scale of pay till it was lage Accountants. The petitioner was one of applicants. He had passed only VII Standard but he had enough experience in the Office. He was, therefore, found suitable and selected as Village Accountant along with about 141 candidates. Some of them had passed SSLC Examination. All of them were appointed as Village Accountants in the pay scale of Rs. 65-1-70- 90. All of them belonged to one cadre with one pay scale of Rs.65-90.