M GURUSHANTHAPPA Vs. DIRECTOR OF AGRICULTURE

JUDGEMENT

(1.) The petitioners, 15 in number, are all graduates in agriculture and and they were directly recruited as Agricultural Demonstrators, Grade I, since designated as Assistant Agricultural Officers or Agricultural Extension Officers. Respondents 3 to 72 were recruited as Agricultural Demonstrators or Inspectors, Grade II. On 20th October, 1973, the Director of Agriculture prepared and published a common gradation list of the petitioners and respondents 3 to 72, giving them seniority from the date of entry into service. The petitioners in this petition under Art.226 of the Constitution, have challenged the validity of the said list on the ground, among others, that it is arbitrary and violative of the fundamental rights guaranteed under Arts. 14 and 16(1) of the Constitution.

(2.) In order to appreciate the contentions, it is necessary to state a few more facts. Before the Reorganisation of States, the Govt of the former State of Mysore created two grades of Agricultural Inspectors: One for graduates in the Grade of Rs. 100-8-140-10-200, called Grade I; and another for non-graduates, that is, Diploma holders in the grade of Rs.55-150, termed as Grade II. The first order regulating the recruitment of these grades was made by the Govt of His Highness the Maharaja of Mysore. It was dt. 21st Septr, 1949. It prescribed a certain ratio for direct recruitment to Grade I and promotion to that cadre from Grade II. The next G.O. concerned with the matter was made by the Govt of Mysore on 22nd August, 1951. It directed that 1/3rd of the vacancies in Grade I of Agricultural Inspectors should be reserved for promotion from Grade II Inspectors. The recruitment to these two cadres, Grade I and Grade II went on in accordance with those Govt Orders till the Reorganisation of States and also thereafter upto 26th Septr, 1961. Accordingly, petitioners 1 to 4 were selected by the Public Service Commission as Agricultural Demonstrators, Grade I, in 1958; petitioners 5 to 7 likewise selected in 1959; and petitioners 8 to 15 were selected in 1961. The Director of Agriculture, following the quota reserved for promotion, promoted a number of persons from Grade II to Grade I on different dates. He also appointed direct recruits to Grade II after selection by the Public Service Commission.

(3.) The difference between Grade I and Grade II was not only found in the matter of recruitment, but also maintained in all the revision of pay scales up to 1961. In the revision of pay scales of 1957 promulgated by the Governor of Mysore, it was provided as follows : (1) Agricultural Demonstrators, Grade I Agricultural Graduates Rs. 100-8-140-10-250. (2) Agricultural Demonstrators, Grade II (Inspectors) (L.Ags.)Rs. 75-5-90-6-150-10-180. It was only in 1961 pay revision, a uniform pay scale of Rs. 150-400 was extended to Agricultural Demonstrators. That perhaps was due to the fact that the Cadre and Recruitment Rules, 1961, of the Agricultural Department, which came into force on 26th Sepr, 1961, did not provide for promotion from Grade II to Grade I. Under the Cadre and Recruitment Rules, both these Grades were eligible for promotion to Class II Cadre.