A GOVINDA SETTY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner was an Assistant Master in Government Junior College at Bangarpet on the date of filing of the petition. He has since been transferred during the pendency of the petition to Government Junior College, Chikkar ballapur. The time scale of that post would be really as follows: "Rs. 175- 10-275-15-350-EB-20-450". This was in accordance with the Revision of Pay scales effected by the 1st Respondent-State of Karnataka in 1961. However, in the Pay Scale Rule? of 1970 of the 1st respondent-State of Karnataka,, a provision was made in favour of persons who had put in more than 20 years: of service in the post held by the petitioner and others like him, by offering what has been termed as 'Selection Grade'. The 2nd respondent -Director of Public Instruction issued orders fixing the new Pay Scale. The relevant portion of the order at paragraph 3 of Ext-A is as follows:

(2.) Pursuant to that order of the 2nd respondent-Director of Public Instruction, the petitioner's Pay Scale came to be fixed as on 3-7-1970 in Selection Grade, the date on which he was awarded that Grade as follows: "Rs. 265 + 10 P.P. (Personal Pay) absorbable in the next increment + Rs. 5 - P.M. (Personal Pay.")

(3.) Thus, he was awarded on that date the total salary amounting to Rs. 2801-. On 3-7-1971 he has been given, as is apparent from Ex-B, to the petition, Rs. 280 + 5 P. P. totalling Rs. 285. In the, next increment he has had the advantage of the 1970 pay Scale, increment of Rs. 15 and given, Rs. 295 + 5 personal Pay totalling Rs. 300.