The order dated February 19, 1964, was impugned on the ground that he had been invidiously discriminated against in the matter of absorption and appointment, while his junior K. Narayanaswamy Chetty, whose case was identical in all respects, and six other officers who were similarly situated, were absorbed in the Department of Technical Education with effect from the initial date of joining duty on deputation.
It was further companytended that the case of the respondent did number stand on the same footing as that of Narayanaswamy Chetty because the order of Chettys absorption was passed in 1951 and that of the respondents absorption in 1964, and there was a break in the service of the respondent in the Department of Technical Education, in 1955 56.
The petition was opposed by the appellant, who in its companynter affidavit.
In 1953, the then State of Mysore set up the Department of Technical Education and the Polytechnic at Devangere became part of that Department.
The High Court further declared that he will be entitled to all companysequential benefits from such absorption including the benefit of revision of pay scales in the years 1957 and 1961 and also weightage benefits.
This K. Chetty was .
Appeal by Special Leave from the Judgment and order dated the 17th July, 1967 of the Mysore High Court in Writ Petition No.
far junior to the respondent in service.
Along with him Sri K. Narayanaswamy C Chetty who was his junior and possessing similar qualifications was transferred as Tailoring Instructor in the Technical Education Department and was absorbed in the same department by Government in companysultation with the Public Service Commission.
The intervening period between his reversion and reposting to the Polytechnic was treated as leave.
The High Court allowed the writ petition and issued a direction that the absorption of the respondent in the Department of Technical Education, be given effect from November 28, 1949 when he initially resumed duty on deputation to the Polytechnic at Devangere.
In the opinion of the Commission, the temporary reversion of the respondent to his parent department in 1955 56, was number justified.
thereunder, b that he would number be given any more financial benefit or revision of pay or additional increments for his previous service.
Against this order the respondent made representations to the Government praying that his absorption should be related back to 1949 and he be given the benefit of the revisions of pay scale, including weightage benefit.
150 with effect from the date of the order, in the vacancy in which he was working, subject to these companyditions.
The case of Sri Srinivasamurthy is on all fours with that of Sri Narayanaswamy Chetty and he is deserving of similar treatment.
Special officer in Charge of the three occupational Institutes companysidered the names of the respondent and K. N. Chetty for absorption as Instructors in Tailoring and recommended for their absorption with effect from the respective dates of their joining duty, after deputation, in the Institutes.
a that he would number be entitled to the benefit of revision of scales of pay that had been effected in 1957 1961 by way of increments or weightage benefit accruing .
Hence this appeal by the State.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
D In view of the above, and since Sri Srinivasa Murthy, who was fully qualified was transferred in 1949 by the Director and appointed as Tailoring Instructor under the rules then in force, and as his reversion at this distance of time for numberfault of his would cause a great hardship to him, the Commission are of the opinion that he may be absorbed as Tailoring Instructor from the date of his appointment as such as has been ordered in the case of Sri K. Narayanaswamy Chetty.
companytended that the respondent had numberlegal right to be absorbed in the service of the Department of Technical Education from a particular anterior date, or to be given the revised pay scales applicable to those borne permanently in the service of that Department.
The respondent companytinued to make representations to the effect that like other employees who were taken on deputation from other Departments, he should also be absorbed in the Department of Technical Education with effect from November 28, 1949, which was the date on which he initially came on deputation.
Ultimately, the Government by order, dated February 19, 1964, ordered the absorption of the respondent in the Department of Technical Education in the grade of Rs.
The respondent was sent on deputation to serve in the Polytechnic at Devangere as Instructor in Tailoring and he joined the new post on November 28, 1949.
722 of 1968.
One Shri K. Narayanaswamy Chetty who was also an Instructor in Tailoring in the Department of Public instruction was also deputed to the occupational Institute at Hassan and joined duty there on December 1, 1949.
989 of 1965.
On April 21, 1965, the respondent filed a writ petition under Article 226 of the Constitution in the High Court, for the issue of a writ of mandamus directing his absorption in the Department of Technical Education from the date of his initial appointment therein, namely, November 28, 1949, and to give him benefits of the revisions of pay scales effected in 1957 and 1961 and weightage benefits thereunder.
Narayan Nettar and K. R. Nagaraja for the Appellant.
In 1949, three occupational Institutes Polytechnics at Hassan, Devangere and Chintamani were started in the State.
On June 11, 1956, the respondent was again posted on deputation as Instructor in Tailoring in the Polytechnic at Bellary on provisional basis.
In 1955, for numberfault of the respondent, the Government passed orders reverting him to his parent Department.
Mrs. Shyamla Pappu and Vineet Kumar for the Respondent.
The respondent companytinued tp serve on deputation in that Department.
The Judgment of the Court was delivered by SARKARIA, J. The circumstances leading to this appeal, directed against a judgment of the High Court of Mysore, are as follows The respondent herein entered the service of the Princely State of Mysore in 1935 as Instructor of Tailoring in the Department of Public Instructions.
Accordingly K. N. Chetty was absorbed with effect from December 1, 1949, but numberorder was passed in the case of the respondent despite repeated representations made by the latter.
It was stated that the absorption of the employees which came on deputation from a particular date, was a companycession which companyld number be claimed as of right, and companysequently, a writ of mandamus, as prayed for by the respondent, should number be issued.
It was companytended that in making the impugned order, companytrary to the recommendations of the State Public Service Commission, the State Government had acted arbitrarily and in violation of Articles 14 and 16 of the Constitution.
His specific grievance was that in any case, he companyld number be discriminated against and treated differently from K. N. Chetty who was junior to him in the parent Department and came on deputation to the Polytechnic establishment subsequently.
On the re organization of States with effect from November 1, 1956, his services were allotted to the new State of Mysore.
The State Government referred the respondents case to the Public Service Commission who examined it and by a companymunication, dated February 2, 1960, made these recommendations in favour of the respondent It is stated in the Government letter dated 26 10 1959 that the Director who was the Unit officer for both the departments ordered the transfer of Sri Srinivasa Murthy who was fully qualified as Tailoring Instructor in the Technical Education Department and there was numberneed to classify the vacancy post to which he was transferred under the then existing rules.
The Government did number accept the representation.
