It is hereby clarified that at the time of reference to the P.S.C. for determina tion of suitability for appointment as Read ers, cases of Lecturers of Government College, eligible for appointment as Readers shall also be simultaneously referred to the P.S.C. for companysideration against those posts.
Amongst the Respond ents, N.N. Swamy No.
1 , N. Satapathy No.
Thus even amongst the Readers in the private companylege, similarly situated, the only ground for ignoring the claims of the said Respondents was drawing of a lesser pay even though it may be less by Rs.30/ , on March 9, 1971.
X X X X Ad hoc appointment shall be issued to all Professors and such of the Readers in position, who on the date of take over were in receipt of pay of Rs.600/ per month or more, in the scale of pay Rs.600 1000/ against posts of Readers.
having put in more than eight years of service there as a Lecturer.
Appeals by special leave from the judgment and order dated 4 2 1974 of the Orissa High Court in O.J.C. No.
9 and No.
Three Respond ents were companyfirmed as Lecturers but were promoted as Read ers prior to the transfer of the College.
The College was at first affiliated to the Andhra University at Waltair and thereafter to the Utkal University, and since 1967 it has been affiliated to the Behrampur University.
The material particulars of the ten Readers of the College who were all earlier in private employment, includ ing the eight Respondents, are as follows Annexure I, Volume 1I of the Paper Book Sl.
On the date of take over, namely, March 9, 1971, each of the respondents was drawing a salary somewhere less than Rs.600/ three of them less by only Rs.30/ .
Chandra Sekhar Patro .
Chandra Sekhar Patro No.
2 , J.J. Rao No.
The managing companymittee companytinued to be liable for the outstanding liabilities, if any, of the College for which Government was number liable.
9 was promoted as a Reader while in the private companylege much later than the four of the Respond ents Nos.
The institution, it is stated, became one of the premier companyleges in the town of Behram pur, Ganjam District, Orissa.
The eight writ petitioners in the High Court Respond ents herein were working as Readers in different faculties in the said College on the date of the aforesaid transfer in the scale of pay Rs.510 860/ whereas the Government scale for Readers was Rs.600 1000/ .
The College was taken over by the Government in pursuance of the unanimous resolution of the managing companymittee of February 18, 1970, and the transfer to the Government was of all the assets of the College but without any liability.
4 , G.J. Chineswar Rao No.
The Government of Orissa took over the management of the College on and from March 9, 1971, and a formal agreement was executed between the managing companymittee of the College and the Governor of the State.
Name Date of Date of Date of Confirmed Pay as on No.
o and Ch.
The College after the take over was administered as a Government College.
1357 58 of 1975.
This ground for a most unreasonable differ entiation in picking and choosing from amongst the employees similarly situated on an absolutely artificial and irrele vant companysideration results in denial of equal opportunity to the Respondents in the matter of employment under the Government under Article 16 of the Constitution.
CIVIL APPELLATE JURISDICTION Civil Appeals Nos.
1 7 35 1 8 58 1 1 57 Reader Rs.570 Sri Narayana Behera 1 10 37 2 8 62 13 9 70 Lecturer Rs.510 Sri T.K.Satyan murty 14 9 27 1 7 49 4 5 59 Reader Rs.660 Sri V.S.R. Gupta 28 12 30 1 7 52 4 9 69 Lecturer Rs.600 It will appear that five Respondents out of eight were companyfirmed as Readers prior to the take over.
were lucky to draw salary of the amount of Rs.660/ and Rs.600/ respectively as on the date of take over, were treated differently by the Government from the eight Respondents on the sole ground that they were drawing as Reader salary of more than Rs.600/ .
Birth 1st promo as 9 3 1971 appoint tion date of ment take over Sri N.N.Swamy 8 3 34 21 7 58 1 12 68 Reader Rs.570 Sri N.Satapathy 6 9 33 July59 27 1 70 Reader Rs.540 Sri P.Haridas 10 3 36 25 10 61 25 10 69 Lecturer Rs.540 Sri J.J. Rao 16 3 36 7 7 59 1 7 68 Reader Rs.540 Sri K.C. Samantra 5 7 70 Lecturer All the posts are permanent Sri G.J. Chineswar Rao 30 9 31 3 9 57 1 10 67 Reader Rs.570 Sri Ch.
The Judgment of the Court was delivered by GOSWAMI, J These appeals by special leave are directed against the judgment of the Orissa High Court of February 4, 1974.
10 in the list Annex ure I were all Readers in the private College, each.
Gobind Das, N.V. Rama Das and G. Narayana Rao, for respondents 1 8 in CA 1357/75.
There was a private companylege known by the name of Khallikote College.
This is an institution which grew out of a school established in 1856.
The management had to meet with financial crisis in the past and obtained financial help in the shape of liberal endowment under a trust deed from the then zamindar of Khallikote.
1, 4, 6 and 7 in Annexure I .
T. K. Satyanmurty was promoted as Reader on 4 5 1969 and was drawing Rs.660/ on the date of taking over.
K. Ramamurthi and B. Parthasarathi, for the appellants.
410/1971 .
7 m the list Annexure 1 were companyfirmed as Readers and four of them were promoted even earlier than No.
He happened to draw Rs.660/ on the date of take over, while the Respond ents were drawing a little lower pay.
The former was pre ferred and given the ad hoc appointment of a Reader and was held as eligible for companysideration by the Public Service Commission for appointment as Reader and the claims of the Respondents were ignored.
