It is number disputed that the respondent chose to abide by this circular and exercised option in favour of the new scale and accordingly his pay was fixed at Rs.
In this new dispensation the post held by the respondent came to be equated with that of an Assistant Store Keeper.
The equation of posts was necessitated by the companying together, into one.
Appeal by Special Leave from the Judgment and Order dated 22 3 1968 of the Mysore High Court in Writ Petition No.
92 8 180.
On 1st August, 1961 the appellant companyporation came into existence and on 12th December, 1961 a petition filed by the respondent claiming seniority as Assistant Store Keeper under the new equation over certain others was dismissed.
75 5 100.
pay of the existing units were lower than the grades of pay governing the incoming transferred units, and apparently there was companysiderable discontent among the employees of the existing units .
The grades of.
Hyderabad and Ex.
Two years thereafter the respondent filed a petition in the High Court of Karnataka praying that he may be put in the scale of Store Keeper with effect from 1 4 1957 and a writ of mandamus be issued for enforcing the terms of the industrial truce regarding the scale of the respondent.
At this time the designation of the post of the respondent was that of a Store Keeper.
On the 8th March, 1958 the State Government after a companysideration of a large number of factors published a fresh equation of posts with companyresponding scales of pay.
B.S.R.T.C. mentioned in Circular 8 of 1958 will pend finalisation of equation of posts, All payments made will be provisional and subject to the necessary adjustments on the finalisation of equation of posts.
On 26th June, 1958 the Mysore Government Road Transport Department hereinafter referred to as M.G.R.T.D. issued option forms to the employees to opt for the new scales if they so like with effect from 1st April, 1957.
12 of 58 dated 26th June, 1958 was issued which m2y be extracted thus As per Clause 7 of the Industrial Truce signed on 10th January, 1958, all employees shall have the option to companye on to the new pay scales or to remain on their present pay scales with effect from 1st April, 1957.
The petitioner Corporation obtained special leave to appeal, and leave being granted this appeal is number before us.
On the reorganisation of the States on 1st November, 1956 various employees from other regions were transferred to the Mysore Road Transport Corporation and various units were amalgamated with the Mysore Government Transport Department.
CIVIL, APPELLATE JURISDICTION Civil Appeal No.
Nearly a month later, that is on 1st October, 1956, the Company became a department of the Government and at that time the respondent was working as Junior Assistant in the grade of Rs.
The arrears which will be due to staff on account of the refixation of pay with weightage in the case of Bangalore T.S. Divisions and fixation of pay in the case of those in the categories of Ex.
In the case of staff of T.S. and Bangalore Divisions, the Unit Heads will arrange to refix the, pay of all staff with weightage and give effect to these from 1st July, 1958.
The writ petition failed before the Single Judge but was allowed by the Division Bench which issued the writ as prayed for.
On 28th September, 1956 the Bangalore Transport Service Act was passed by which the Bangalore Transport Company was taken over by the Government.
2484 of 1968.
1221 of 1965.
The State moved the High Court for grant of a certificate of fitness for leave to appeal to this Court which having been refused the appellant got special leave from this Court and hence this appeal.
In companysequence of this arrangement a circular No.
B. Datar and Miss Farhat Qadri for the Respondent.
V. Gupte, Attorney General and J. Ramamurthi for the Appellant.
The appellant was an employee of the Bangalore Transport Company and entered service as far back as 1944.
Thereafter, the respondent was temporarily promoted as Store Keeper and was reverted as Junior Assistant and was again temporarily promoted as Store Keeper.
The Judgments of the Court were delivered by FAZAL ALI, J. This appeal by special leave is directed against the judgment of the Karnataka High Court dated 22nd March, 1968 and arises in the following circumstances.
In companysequence, with effect from January 1, 1957 certain em ployees of the Hubli region of the Bombay State Road Transport Corporation and of the Raichur Section of the Hyderabad Government Road Transport Department were transferred to the service of the Mysore Government Road Transport Department.
