(1.) The petitioner was an Apiarist in the former State of Mysore in the pay-scale of Rs. 150-15-300. In the year 1952 his post was made a Class II post. After his allotment to the new State of Mysore under the provisions of the States Reorganization Act, the pay-scales in respect of posts in Class II in the new State of Mysore were revised. Except in the case of the petitioner, every Class II post carried a pay-scale of Rs. 225 rising to Rs. 500 in the department of Agriculture. This revision was made on 25 January, 1957.
(2.) On 13 April 1960, on a request for elucidation made by the Accountant-General, Government declared that the posts in Bombay Agricultural Service, Class II, should be equated and placed as Class II posts in the new Mysore State, and that all Class II officers of the Bombay, Madras, Hyderabad and Coorg areas shown in the provisional inter-State seniority list be allowed the scale of pay of Rs. 225 rising to Rs. 500. The relevant part of the Government order reads :
(3.) But, meanwhile, the petitioner's post which was in the Department of Agriculture of the erstwhile Mysore State became a Class II post in the Department of Agriculture in the new State. When the revised pay-scale introduced for Class II posts on January 25, 1957 was not made available to the petitioner, he made a representation on November 7, 1959, to the Director of Agriculture. The Director of Agriculture was of the view that the petitioner, who was an Apiarist, was entitled to a pay-scale higher than Rs. 225-500 having regard to the nature of the duties performed by him, and made a recommendation that he be accorded that higher pay-scale. In the course of his communication of December 12, 1959, he stated thus : "The bee-keeping section is a separate section in itself. The Apiarist is, therefore, head of this section. The nature and jurisdiction of the Apiarist extends all over the State and, (sic) attached to the post shall have to be in conformity with the duties and responsibilities attached to it. But as can be seen from the foregoing, the scale of pay of the post is lower than the scales of pay of district Agricultural Officers and other Class II officers, i.e., Rs. 225-500. He is the only gazetted officer, who is in the scale of Rs. 200-15-350 and who has jurisdiction on a State-wide basis unlike other Class II officers who are generally in charge of districts or research stations. Taking into consideration the nature and duties, responsibilities and jurisdiction of the officer, I am of the opinion that the scale of pay of the post should be on a par with a Bio-chemist, Special Officer, Japanese Method of Paddy Cultivation, etc., i.e., Rs. 300-700."