CHANDRASHEKAR MATH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners who are the Assistant Geophysicists in the Department of Mines and Geology of the State Govt. who were, all along and even now given the samci pay scale as is given to the Assistant Geologists in the same department are, aggrieved by the disparity brought about in their pay scales compared with those of the Asst. Geologists, only between the period commencing from 23rd August 1973 up to 1st January 1977.

(2.) The facts of the case briefly stated are as follows : In the Department of Mines and Geology there are two categories of posts one going by the designation of Asst Geologists and the other called Asst Geophysicists. The minimum qualification prescribed for both the posts was Bachelors Degree with Geology as one of the subjects. The pay scale for both the posts was Rs.200-375 as fixed in the Karnataka Civil Services (Revised pay) Rules, 1961. The pay scales were revised by the Karnataka Civil Services (Revised Pay) Rules, 1970, which came into effect from 1-1-1970. Under the said rules also both the posts were given the pay scales of Rs.225-450. Thereafter the minimum qualification prescribed for both the categories of posts was raised and the minimum qualification fixed for both the posts was Masters degree. In view of this change by an order made by the State Govt. on 12/14th June 1974, the State Govt. directed the revision of pay scale of the post of Asst Geologists only from Rs.225-10-245-15-320-ER-20-400-25- 450 to Rs.275-25-375-EB-25-550 with effect from 23-8-1973. As the said pay scale was not extended to the Asst Geophysicists who according to them are similarly situate in all respects as compared to Asst Geologists, a representation was made by their association to the State Govt. complaining about the discrimination brought about between the two cats- gories of posts from 23-8-1975. A copy of the representation dt. 26th June 1974 is produced at Ext.'B' To the said representation a reply dt. 23-11-1974 was given by the Govt. in which the petitioners and others were directed to approach the Pay Commission in the matter. Accordingly, the petitioners and others ' made representations before the pay Commission. On the basis of the recommendations of Pay Commission new rules were framed called the 'Karnataka Civil Services (Revised Pay) Rules, 1976 ', which came into force from 1st January 1977. It is not disputed that according to the said rules the pay scale of Rs.660- 1300 is the pay scale fixed for both the categories of posts. But the case of the petitioners is that their grievance regarding their claim for pay scale of Rs.275-550 with effect from 23-8-1973 remains unredressed. Again they approached the Govt. for extending to them the same pay scale which was given to the Asst Geologists with effect from 23-8-1973. An endorsement dt. 22-12-1977 was issued to the first petitioner. The said endorsement reads as follows : "With reference to his petition dj 7-1-77 addressed, to Secretary, Commerce and Industries Department for revision of pay scale of Asst Geophysicists Department of Mines and Geology with effect from 23-8-1973, Sri S.S. Chandrasekharamath, Asst.Geophysicist, is informed that the request cannot be complied with." As the demand of the petitioners for the pay scale of Rs.275-550 from 23-8-1973, was not complied with by the Govt the petitioners have now presented this writ petition.

(3.) Sri C.N.Kamath, learned Counsel for the petitioners submitted that there was absolutely no justification for the Govt. to deprive the pay scale of Rs.275-550 to the Asst Geophysicists with effect from 23-8-1973 when the said pay scale was extended to the Asst Geophysicists.