D.BASU, J. - (1.) THIS application under Article 226 arises out of an alleged discrimination between ordinary graduates, on the one hand, and honours graduates and post -graduates, on the other, The 45 petitioners are ordinary graduates.
(2.) IN June 1954, or thereabout, the Director of Public Instruction (respondent 1) invited applications for the posts of sub -inspectors of schools in the pay -scale of Rs. 100 -5 -215 -10 -225, from persons possessing a Bachelor's degree in the minimum, with a degree or diploma in teaching. The petitioners' case is that in pursuance with this advertisement (annaxure A to the petition), candidates having pass as well as honours B.A. and B.Sc. degress and M. As. and M. Scs. applied and were appointed to these posts in the same pay -scale as announced, without making any distinction between ordinary graduates and those possessing higher academic distinctions, and they were all placed in the same rank having the same duties, which are catalogued in Para 3 of the petition, Subsequent to this appointment, the Government of West Bengal (respondent 3, the seoretary being impleaded as respondent 2) issued the impugned order No. 7754 on 20/21 July 1959 (anuexure B). By this order, with a view to attracting ' people with good academic qualifications ' 'to the cadre of sub -inspectors of schools, ' the pay of those sub -inspectors who were honours graduates or held a Master's degree, was raised to a higher scale of Rs. 130 -5 -115 -10 -350 and this order was given retrospective effect from 1 April 1959 and the benefit was extended to those existing sub -inspectors who had been appointed since 1954, provided they possessed the higher qualifications mentioned and it was ordered that the existing officers should be classified into two classes, that is, those entitled to the lower scale and those entitled to the higher scale, according to the aforesaid qualifications.
(3.) THE opposite parties have subsequently revised the pay -scales of Sub -inspectors of schools by an order dated 2 January 1962, by framing a rule notifies in the Calcutta Gazette (Para. 10 of the petition) which has been given effect from 1 April 1961. According to the petitioners, there has been immediate improvement in the lot of the petitioners by an increase of pay in the revised scale but their grievance as to discrimination has been aggravated. This revised scale has divided sub -inspectors and Sub -inspectresses of schools into two classes as follows: Trained graduates in Arts and Science -Rs. 176 -325. Trained graduates with honours degree or Master's degree -Rs. 225 -475.;