D.Basu, J. - (1.) This proceeding in contempt arises out of an alleged breach of the Rule absolute made in C. R. 253(W) of 1962 (hereinafter referred to as 'the original case')
(2.) In that case, the Petitioners came with the complaint that their fundamental rights under Articles 14 and 16 had been violated by certain orders issued by the State The Petitioners are ordinary Graduates. They WTC appointed Sub Inspectors of Schools, in the year 1954 or thereabout together with others who are Honours Graduates and Post-Graduates, on the same pay scale of Rs. 100-225, on the basis of an advertisement which laid down the minimum qualification as a Bachelor's degree, with a diploma in leaching-without making any distinction between Graduates inter se. The Petitioners' complaint was that some five years after such appointment, the Stale made a discrimination by the impugned order of 1959 in Ann. B, by which the pay-scale of the Honours Graduates and Post-Graduates was raised to Rs. 130-350/-, thus making a discrimination against the Petitioners who are ordinary Graduates, without any reasonable basis for classification, the benefit of this higher pay-scale having been retrospectively extended to those Honours Graduates and Post-Graduates who had been appointed along with the Petitioners in 1954, on the same basis. Subsequently, in pursuance of the recommendations of the Pay Commission the pay-scales of all Sub-Inspectors of Schools were revised by an order of 1962, but the discrimination made against the Petitioners was not removed, for, while the scale of Sub-Inspectors who were ordinary Graduates was raised to Rs. 175-325/-, that of Honours Graduates and Post-Graduates was raised to Rs. 225-475/-. The Petitioners, on the foregoing facts, challenged the validity of the impugned order in Aun.B, as modified by the subsequent order of 1962 as discriminatory, and prayed for a writ of mandamus, so that their pay-scale might be raised to the same level as that of the Graduates of the higher order. The writ of Mandamus prayed for in Para XIV of the Petition was as follows: "In these circumstances, your petitioners pray your Lordships (a) for a Writ in the nature of Mandamus or any other appropriate writ or writs or order directing the opposite parties to rescind and quash the order of fixing a different and lower scale of pay for the petitioners and all the B.A. or B.Sc. Sub-Inspectors of Schools and directing them to fix the same scale of pay viz. Rs. 130 to Rs. 350/- exclusive of clearness allowance with effect from 1st April 1959 and the revised scale of pay viz. Rs. 225 to Rs. 475/- including clearness allowance with effect from 1st April, 1961." The Rule nisi was issued on the following terms: "17-1-62. Upon reading a petition of Aswini Kumar Rath and others and affidavit of verification thereof dated 17-4-1902 and the exhibits or anuexures to the said petition and upon hearing Mr. S. Roy Advocate for the said petitioners. It is ordered that a Rule do issue calling upon the opposite parties to show cause why a writ in the nature of Mandamus should not be issued directing the opposite parties to rescind the order fixing a different and lower scale of pay for the petitioner and all B.A. B.Sc. Sub-Inspectors of Schools and directing them to fix the same scale of pay as mentioned in the petition."
(3.) In my judgment, I held that the impugned order violated boll) Articles 14 and 16 of the Constitution inasmuch as though the ordinary Graduates and the Graduates having Honours or a Master's degree were appointed as a single unit on the announcement that they would get the same scale of pay, the impugned order sought to make a subsequent discrimination by offering higher pay to the Honours Graduates and Post-Graduates without any reasonable basis for such favourable treatment But the relief granted was not exactly in the same form as the Petitioners prayed for in their Petition. The order sought for was that the Petitioners' pay-scale should be raised to the higher level at which it had been fixed for the Honours Graduates and Post-Graduates. The order issued by me, in substance, was that the discrimination or differential treatment between the two groups of Sub-Inspectors as made by the impugned order must be removed, but no direction was given as to the particular made in which it was to be done. The Rule was made absolute by the ordering portion of the judgment in the following terms: ''In the result, this application must succeed. The proper order should be an order in the nature of mandamus directing the Opposite Parties not to enforce the impugned order in Ann. B, read with the order of 1962, ;is specified in para. 10 of the Petition in such manner as to subject the Petitioners to a lower scale of pay than other sub-Inspectors of Schools who have been recruited on the basis of the announcement in Ann. A but who happen to be Honours Graduates or M.As. or M.Sc.s. In view of the nature of the litigation, there will be no order as to costs. Rule is made absolute accordingly.";