B R KUMBAR Vs. STATE OF MYSORE

JUDGEMENT

(1.) In 1961, the petitioner was appointed as a, Second Division Clerk as a local candidate in the Judicial Department of the State. He was then a non-graduate. In 1965, he became a graduate. Thereafter, he was given Rs.12 as advance increment. On 7-11-1969, his services were regularised. Respondents 2 and 3 have now made an order stating that the petitioner was not entitled to the advance increment from the date of his graduation, but only from the date of regularisation of his services, and they have asked the petitioner to refund the excess amount drawn by him.

(2.) The Government Order dt.25th June 1962 confers certain benefits to non-graduate Second Division Clerks who graduate themselves while holding their posts. The relevant portion of the order reads thus :

(3.) By a subsequent order dt.24th July 1962, it was clarified that the above order was not applicable to local candidates. Therefore the benefit of higher start in the pay scale of Second Division Clerks or an increase of Rs.12 over their pay cannot be extended to local candidates. This position is not disputed by Mr. Goulay, Counsel for the petitioner. But, he challenges the validity of the Government Order dt.25th June 1962. According to him it is discriminatory and violative of Art. 14 and Art. 16(1) of the Constitution. The basis of the attack is that the discrimination made on the basis of the nature of posts held by graduates for the purpose of giving advance increments is unreasonable and has no nexus between the basis of the classification and the object sought to be achieved by the said order. Counsel added that the purpose of the said order was to encourage ' efficiency in services' and therefore there is no basis why the benefit of advance increment should be denied to local candidates who are also serving along with regular candidates.