the cadre of tracers into which tracers from bombay state had also been absorbed was re organised into two grades one companysisting of matriculate tracers whose scale of pay was fixed at rs.
and s.l.c.
40 80 with effect from january 1 1957.
meanwhile by an order of the government dated february 27 1961 the pay scales of the tracers in the new state of mysore were further revised and the revised pay scales were directed to come into force with effect from january 1 1961.
65 90.in the cadre of tracersof that statethere were matriculates as well as number matriculates.but there was numberdistinction made in the scale of pay for that reason and all the tracers were placed in the same scale.
50 120 and the other of number matriculates at rs.
examination viz.
appeal by special leave from the judgment and order dated january 15 1963 of the mysore high companyrt in writ petition number 48 of 1962.
tracers on the pay scale of rs.
40 60.
under this government order the tracers who had passed the s.l.c.
80 150 and those who had number passed that examination were entitled to get into pay scale of rs.
examination were entitled to opt in favour of the pay scale rs.
70 1 the respondent claimed that he was entitled to the pay scale applicable to the tracers who had passed the s.s.l.c.
number s.s.l.c.
but the respondent refused to exercise the option and claimed that the cadre of tracers in the new mysore state should number have been divided into two grades and that numberdistinction should have been made between matriculates and number matriculates.
c. mazumdar m. m. kshatriya and g. s. chatterjee for the respondent.
the claim was rejected by the superintending engineer on march 19 1958 and the respondent was told that he companyld only be fixed in the new revised scale of rs.
the claim of the respondent was rejected.
as the respondent was a number matriculate he was given the option to accept the new scale of pay i.e. rs.
civil appellate jurisdiction civil appeal number 1238 of 1966.
after the transfer of the respondent to the new state.
the respondent narasing rao was employed as a tracer in the engineering department in the ex hyderabad state on the scale of pay rs.
thereafter the respondent filed a writ petition in the mysore high companyrt praying that the order of the superintending engineer dated march 19 1958 fixing his pay in the scale of number matriculate tracers and giving him the option to retain his old scale may be quashed and for a writ in the nature of mandamus to fix his pay in the scale prescribed for matriculate tracers.
there was re organisation of states in 1956 and as a result of the re organisation a part of the area of hyderabad state became part of the new mysore state.
examination.
the judgment of the companyrt was delivered by ramaswami j.this appeal is brought by special leave from the judgment of the mysore high companyrt dated january 15 1963 in writ petition number 48 of 1962 granting a writ in the nature of mandamus directing the appellants to accord to the respondent that benefit of both the revised higher pay scales for the matriculate tracers with effect from the respective dates on which they came into force.
40 80 as he had number passed the s.s.l.c.
30 50.
65 90.
50 120.
the respon dent insisted that his pay should be fixed in the grade rs.
tracers on the pay scale of rs.
gopalakrishnan and s. p. nayar for the appellants.
40 80 or remain in the old hyderabad scale of rs.
it is necessary to state that in the old mysore state even before numberember 1 1956 there were two grades of tracers viz.
the respondent was a number matriculate.
the respondent was allotted to the new mysore state.
