LexSTATE OF MYSORE versus B. BASAVALINGAPPA
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
) STATE OF MYSORE A v . . ~ B. BASAVALINGAPPA DECEMBER 17, 1986 [G.L. OZA AND K.N. SINGH; JJ.] . B ~ Civil Service. Workshop Mechanic and Workshop. Instructor-Basis of recruit- ment-Diploma holder and certificate holder both eligible-Placed in same pay scale-Revision of pay scales-Different pay scales to c ,J.. . Diploma holders and Certificate holders given-Whether permissible. The respondent was appointed as a Workshop Mechanic. He was _.. promoted to the post of Workshop Instructor on 7 .8.1959 in the pay scale of Rs.100-120. The pay scales w~re revised w.e.r. 1.1.1961. D Diploma holders were given the pay scale of Rs.150-320, and Certificate holders Rs.150-250 in the cadre of Workshop Instructor. The respon- dent, a Certificate holder, was given th~ pay scale of Rs.150-250. The pay scales were again revised in 1964 and Workshop Instructors ·with second class Diploma or equivalent qualifications with 10 years experi- ence were given the pay scale of Rs.260-500, but the respondent did not get this. scale in spite of repeated representations made to the State E .,,.. Government • The respondent filed a Writ Petition alleging discrimination. The High Court allowed the petition holding: (!)that for recruitme~t to the - post of Workshop Instructor no distinction is ~ade between the holders of a Certificate and holders of a Diploma., (2) that at the time when the . F respondent was recruited there was no difference in the pay scales J- prescribed for holders of Diploma and holders of Certificate, and the basis for recruitment was that Diploma holder and Certificate holder both were entitled to be appointed to the same post in the same pay scale, .and (3) ~hat by subsequent revision of pay scale different pay G scales could not be enforced for the same post merely on the basis of a bolder of a Certificate or a Diploma because as an Instructor the person will perform the same duties and will do the same work in spite of the fact that be may be a Certificate holder or a Diploma holder, and .~ directed that the respondent be placed in the pay scale not lower than ' that of the Diploma holders. H 579 A B 580 SUPREME COURT REPORTS (1987] 1 S.C.R. In appeal ~o this Court on beb.ir of the Appellaat-State it was contended: ( 1) that the different pay scales on the basis of difference in educational qualifications could he justified and will amount to reason- able classification and will not he hit by Article 14 of the Constitution, (2) that a Diploma is a higher qualification than a Certificate and (3) that the view taken by the High Court is not correct. Dismissing the Appeal, HELD: I. Neither there is any curriculum on record nor any other material to draw the inference that Diploma "is a higher qualifica- tion than a Certificate. At the lime when respondent was recruited C there was only one cadre and a Diploma holder or a Certificate holder both were entitled to he recruited as an Instructor on the same pay scale. This circumstance indicates that the two were considered to he alike. (582E-F] 2. There is no material on record to indicate that when the pay D scales were revised and subsequently they were further revised it was done on the basis of some material indicating that the Diploma became a better qualification than the Certificate holder. It was because of this the High Court did not go into the general question as to whether on the basis of educational qualifications different pay scales can or could not he prescribed and in the absence of any material it wiU not he possible E for this Court to go into that question. [582F-H] 3. On the facts of the present case it could not he said that the High Court committed any error. [583A-B l CIVIL APPELLATE JURISDICTION: Civil Appeal No. 110 F of 1974. From the Judgment and Order dated 6.3. 1973 of the Mysore High Court in Writ Petition No. 2213 of 1970. R.B. Datar, Swaraj Kaushal, K.M. Muzamnil and N. Nettar for G the Appellant. • S.S. Khanduja and Y .P. Dhingra for the Respondent. The Judgment of the Court was delivered by H OZA, J. tJ,is appeal arises out of Special Leave granted by this _,i...) . - STATE OF MYSORE v. B. BASAVALINGAPPA lOZA,J.] 581 . Jr Court against the Judgnient of the High Court in Writ Petition No. A 2213 of 1970 decided on 6.3.1973 .. ~-. The facts necessary for the disposal of this appeal are that the respondent was appointed as a Workshop Mechanic in B.D.T. Co
Excerpt shown. Read the full judgment & AI analysis in Lexace.