GABREL SAVER FERNANDIS Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioners were all recruited as Talathis in erstwhile State of Bombay and, on reorganization, their services stood transferred to the new State of Karnataka. The mini-mum qualification for recruitment then in force was a pass in School Leaving Certificate examination. Talathis, as submitted by Sri T. S. Ramachandra, Learned Counsel for petitioners, were all eligible for promotion as Circle Inspectors, if they had continued in the erstwhile State of Bombay. On account of prescription of minimum qualification i.e., a pass in S.S.L.C., in the New State of Karnataka they are not eligible for promotion and there is no other avenue of promotion.

(2.) Their main contention is that on account of denial of promotional avenue, they are entitled to a selection time scale which ordinarily will be the next higher scale of pay, as suggested by a committee constituted for the removal of anomaly from 'Tukol Pay Commission Report', captioned as, Implemention of Recommendations of the Official (Pay) Committee. In the preamble of this book-let after narrating reasons for constitution of a Committee, it is slated thus :

(3.) Thus, controversy required to be resolved is whether these two clauses viz., 5.l(b) and 5.5 are independent pro-visions or one controls the other ?