Narayana Pai, J. - (1.)This is a writ petition for a direction in the nature of mandamus to be issued to the State Government for fixing the pay of the petitioner on promotion as Inspecting Officer in the Department of Indian Medicine with effect from 23-9-1958 in the pay scale of Rs. 350-600 OS equal to Rs. 250 to 550 IG.
(2.)The petitioner is an allottee from the erstwhile State of Hyderabad to the New State of Mysore. At the time of allotment upon the Reorganisation of the States Act, i.e., 1-11-1956, he was holding the position of Mustanad Attiba on a pay scale of Rs. 205 to 450 OS, equivalent to Rs. 176 to 375 IG. After reorganisation, he was promoted as Inspecting Officer on 23-9-1958. The claim of the petitioner is that because the said promotion was the first promotion after he got allotted to this State, he was entitled to the pay scale attached to the post of Hakeem Class II of his parent State of Hyderabad as that would have been the post to which he would have been promoted had he continued in Hyderabad, because that was the post immediately next higher to his post and therefore the first promotional post with reference to him.
(3.)The protection of service conditions in respect of pay scales which he denends upon is one set out in paragraph 5 of the Official Memorandum dated 12th May 1957 which is extracted in the judgment of this Court reported in N. A. Kulkarni v. State of Mysore, (1965) 1 Law Rep. 93 at p. 96. The relevant portion reads as follows:--
"They have come to the conclusion that it would be equitable to allow every person affected by reorganisation the limited protection of drawing pay on promotion to a post one stage above the one held by him in a substantive capacity or on which he had officiated continuously for a minimum period of three years immediately before the date of reorganisation, on the scale of pay that would have been admissible to him on such promotion in his parent State before reorganisation if such scale is favourable than the scale attached to the post in the new or reorganised State to which he is allotted."

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