RAMAMURTHY Vs. STATE OF MYSORE

JUDGEMENT

(1.) The petitioner who was promoted to the post of a Head Munshi in the Court of the Munsiff, on 25-8-1966, has filed this writ petition for a writ of certiorari to' quash the Circular (Exhibit C) dated 29th February 1st March 1968 issued by the Registrar of the High Court and for a writ of mandamus directing the respondents to fix the pay of the petitioner Jiving him the benefit of Rule 42-B of the Mysore Civil Services Rules, 1958, as amended from time to time.

(2.) The case of the petitioner is that he entered the service of the Mysore Government in the former State of Mysore in the year 1944. It is unnecessary to mention the various departments in which he served prior to the transfer of his services to the Judicial Department with effect from June 1, 1956. The petitioner was promoted as Head Munshi temporarily by the order of the High Court bearing No. R.O.C. 1573/1964 dated 25th August 1966 and posted to' work as Head Munshi in the First Munsiff's Court, Bangalore. His contention is that appointment of a First Division Clerk as Head Munshi amounts to promotion under the relevant rules and that he is entitled to have his pay fixed in puruance to Rule 42-B of the aforesaid rules. It appears that the Accountant General, Mysore, took the view that the fixation of the pay of an official at the next stage on his promotion as Head Munshi was irregular on the ground that the post of a Head Munshi does not involve assumption of higher duties and responsibilities. This view was reiterated in the circular issued by the Registrar at Exhibit 'C'. The petitioner submits that the post of Head Munshi involves duties and responsibilities of higher importance than those of the First Division Clerk and that denial of the benefit of Rule 42-B was arbitrary and illegal.

(3.) Before referring to Rule-42-B of the Rules, it is necessary to refer to the Mysore Judicial Services (Class III and Class IV posts) (Recruitment) 'Rules, 1960. The schedule to these rules indicates the categories of posts, the method of recruitment, minimum qualifications and period of probation etc., in columns 1, 2 and 3 respectively. As against the post of Head Munshi of Munsiff's Court, it has been shown in column No. 2 that the method of recruitment is "by promotion from a common list of I Dn. Clerks, Head Record-Keepers, Nazirs Gr. I scale Rs. 75-5-90-6-150-10-180 and Translators who are in same grade pay." It is necessary to mention that this scale df pay has now been revised to Rs. 110-5-150-6"-180-10-220, which is also the scale of pay of First Division Clerk, Translators, Record- keepers etc. According to' the Cadre and Recruitment Rules, the post is undoubtedly one of promotion, though the scale of pay remains unchanged.