Hidayatullah, C. J. - (1.) This appeal arises from the judgment and order of the Jammu and Kashmir High Court, December 21, 1966, dismissing a petition under Article 32 (2-A) of the Jammu and Kashmir Constitution filed by the petitioner/appellant G. R. Baqual for certain reliefs on the ground that he has been discriminated against and punished without recourse to statutory provisions and procedure. The facts of the case are as follows:
(2.) The appellant who is a Graduate of the Punjab University entered the Secretariat service of the Jammu and Kashmir State on November 8, 1946, as a clerk. Later he was promoted as Superintendent on September 26, 1957 and was holding a grade of Rs. 150-15-300 (revised 200-20-300-25-400). He was then appointed as Personal Assistant in gazetted rank in the grade of Rs. 200-400 (revised 250-25-350-30-500) and became P. A. to the Chairman of the Legislative Council by his order dated October 23, 1959. The appellant was then transferred to the Civil Secretariat as an Under-Secretary on September 30, 1963, under Government orders in the same grade of Rs. 250-500. He claimed seniority against other Under-Secretaries when on April 14, 1964, the Government promoted four Under-Secretaries to the post of Deputy-Secretaries in the pay scale of Rs. 450-800 which included three of the respondents in this appeal. He was not promoted and he claimed that he was so entitled both on his seniority and under the statutory rules.
(3.) The case of the appellant is almost entirely based upon his appointment as Personal Assistant to the Chairman of the Legislative Council which is equated with an Under-Secretary under the Jammu and Kashmir Legislative Council Secretariat (Regulation and Conditions of Service) Rules, 1959. Under these rules, a P. A. to the Chairman of the Legislative Council is equated to a P. A. to a Minister and he is in his turn equated with an Under-Secretary and enjoys the same scale of pay. This scale of pay is certainly higher than the scale of pay which the Superintendent gets.;