MOHD. SHAHBUDDIN & ORS. versus UNION OF INDIA & ORS.

Citation: [1975] 3 S.C.R. 306 · Decided: 22-01-1975 · Supreme Court of India · Bench: P. JAGANMOHAN REDDY · Disposal: Case Allowed

Judgment (excerpt)

3QG 
MOHD. SHAHBUDDIN & ORS. 
A 
v. 
UNION OF INDIA & ORS. 
January 22, 1975 
f P. JAGANMOHAN REDDY, P. N. BHAGWATI AND P. K. GOSWAM1,, JJ.J 
States Reorganisation Act 1956-Equatio11 of posts how 
far 
cmz 
court 
B 
interfere-Wh&ther decisions taken at the Chief Mi11isiers' co11ference must be 
co111plied with--!/ equation ca11 be based on irrelerant and irrational com'idera-
tions or erroneous assumptions. 
The validity of the equation of posts of graduate teachers allotted to ih1~ new 
State of Mysore constituted under the States Reorganisation Act, 1956. was 
challenged. The new State of Mysore was formed comprising the territories of 
the existing States of Mysore, Coorg, and part3 of existing States of Hyderabad, 
C 
Madras and Bombay. The graduate teachers in each of the 5 integrating areas 
were divided into two grades a lower grade and a 
higher 
grade 
as 
g:vrn 
below: 
---·--------~-~--
Integrating area 
Lower Grade 
Higher Grade 
Mysore 
Rs. 60-150 
Rs. 130-200 
Coorg 
Rs. 80-220 
Rs. 100-300 
Bo;nbay 
Rs. 70-200 
Rs. 210-300 
Madras 
Rs. 
85-175 
Rs. 165-245 
Hyderabad 
Rs. 130-190 
Rs. 154-275 
--------~----
]} 
E 
On the constitution of the various new States the qtte.stion of equation of 
posts. ~bsorption of ?er:vice personnel in the eguated posts ~nd the de~e.rmi­
nation of mter se semonty cropped up. A meeting of the Chief Secretam:s of 
these States was held at Delhi in May, 1956, at the invitation of the Central 
F 
Go1ernment. The. following decisions were taken at that meeting : 
"It was agreed that in deter.mining the equation 
of 
posts·, 
the 
follow· 
ing factors should be borne in mind :-
1,i) the natme and duties of a post; 
I ii) th~ responsibiliiies and powers exerciscJ by the officer holding a post: 
the extent of tenitorial or other charge held or responsibilities dis-
charged; 
(} 
(iii) the minimum qualifications. if any, prescribed for recruitment to the 
~est; 
fi1) the salary of the post. 
It was agreed that in determining relatil'e seniority as betwee~ two persons 
holding posts declared equrvalenr to each other, and drawn from different States 
the following points should be taken into account :-
H 
Ci) lenoth of continuous service, 1'hethcr temporary or permanent, in 
a 
pa;ticulc\i· graue; this should exduJe pcrioJs for which an appoint-
ment is held in· a purely stop-gap or fo1 tmtous arrangement:. 
A 
B 
c 
D 
E 
F 
G 
H 
SHAHBUDDIN V, UNION 
307 
I.ii) age of the person; other factors being equal for instance, seniority 
may be determined on the basis of' age, 
It was also agreed that as far as possible, the in.ter se seniority of 
otlkers 
drawn from the same State should not be disturbed. 
In February, 1958, the provisional inter-State list of teachers in the graduate 
tutorial cadre for new Mysore State was prepared. 
This list was prepared on 
the basis that the posts of ex-Hyderabad teachers in the grade. of Rs. 154-275 
were equated with those of ex-Mysore teachers in the grade of Rs. 130-200, 
while. 
the 
posts of ex-Coo'rg 
teachers 
in the 
grade of Rs. 100-300 
were equated with those of ex-Mysore teachers in the grade of Rs. 60-150. 
The Coorg teachers in. the grade of Rs. 100-300 were dissatisfied with the 
equation of their posts with those of ex-Mysore teachers in the grade of Rs. 
60-150. They, therefore, filed a Writ. Petition in the High Court o~ Mysore. 
One of the contentions of the petitioners was upheld by the High Court in 
the year 1%4 and the State Government was directed to prepare a provisional 
inter-State seniority list of teachers. in the graduate tutorial cadre. Pursuant to 
the mid direction the State Government prepared a provisional 
Inter-State 
seniority 
list 
in 
July, 
1964. 
Thereafter 
a final 
inter-State 
seniority 
I ist 
of 
teachers 
in 
the 
graduate 
tutotrial 
cadre 
was prepared in 
December, 1966, which was different from provisional list prepared in 1964. 
In the final seniority list the equation of posts was different from the one pro-
posed in the provisional inter-State seniority list. The ex-Hyderabad and Coorg 
teacl)e.rs filed a petition in the High Court of Mysore for quashing and setting 
a'ide the equation of posts on which the final inter-State seniority was based. 
The High Court by its judgment delivered in 1969 allowed the writ pdition on 
the ground that the seniority list was pr_epared without giving any opportunity 
to ex-Hyderabad teachers. and· 'that vitiated the equation of posts. 
After con-
sidering 

Excerpt shown. Read the full judgment & AI analysis in Lexace.