STATE OF MYSORE Vs. N S SUBBA RAO

JUDGEMENT

(1.) This is an appeal from the Order of Jagannatha Shetty J. in WP.4198 of 1970. The respondent herein was the petitioner therein. He is a Village Accountant. He had prayed for a direction to the State Govt to allow him the higher pay scale given to Village Accountants who have passed SSLC Examination.

(2.) The Karnataka Village Offices Abolition Act 1961 abolished hereditary Village Offices. For recruitment of Village Accountants in place Off hereditary Village Accountants the Mysore General Services (Revenue Subordinate Branch) Village Accountant (Cadre and Recruitment) Rules 1961 (hereinafter referred to as the 1961 Recruitment Rules) were made under the proviso to Art. 309 pf the Consn. Rule 7 of those Rules prescribed a pass in SSLC or equivalent examination as the minimum educational qualifiction for the post of Village Accountant. However Rule 10 of those Rules relaxed that qualification in cases oi persons holding Village Offices on the date of commencement of those Rules (i.e. 1-12-1961). The writ petitioner who was appointed as Village Accountant in the year 1943 and was holding that post on 1-1 2-1961 was appointed as Village Accountant under those Rules though he had not passed SSLC Examination.

(3.) Until the revision of pay of the State services by the Karnataka Civil Services (Revised Pay) Rules 1970 there was a uniform pay scale for Village Accountants i.e. Rs.65-1-70-2-90. The aforesaid Pay Rules introduced two pay scales namely Ra.90-3-105-4-145-EB-5-200 for Village Accountants who have passed SSLC Examination and another pay scale i.e. Rs.80-2-90-3-120-4-140-5-145 for Village Accountants and Talatis who have not passed SSLC examination. The writ petitioner who had not passed SSLC Examination was put in the lower pay scale.