Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Workshop Mechanic and Workshop. Instructor |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Civil Service. Workshop Mechanic and Workshop Instructor-Basis of recruitment-Diploma holder and certificate holder both eligible-Placed in same pay scale-Revision of pay scales-Different pay scales to Diploma holders and Certificate holders given-Whether permissible. The respondent was appointed as a Workshop Mechanic. He was promoted to the post of Workshop Instructor on 7 .8.1959 in the pay scale of Rs.100-120. The pay scales were revised w.e.r. 1.1.1961. Diploma holders were given the pay scale of Rs.150-320, and Certificate holders Rs.150-250 in the cadre of Workshop Instructor. The respondent, a Certificate holder, was given the pay scale of Rs.150-250. The pay scales were again revised in 1964 and Workshop Instructors ·with second class Diploma or equivalent qualifications with 10 years experience were given the pay scale of Rs.260-500, but the respondent did not get this scale in spite of repeated representations made to the State Government .The respondent filed a Writ Petition alleging discrimination. The High Court allowed the petition holding: (1)that for recruitment to the post of Workshop Instructor no distinction is made between the holders of a Certificate and holders of a Diploma, (2) that at the time when the respondent was recruited there was no difference in the pay scales Prescribed for holders of Diploma and holders of Certificate, and the basis for recruitment was that Diploma holder and Certificate holder both were entitled to be appointed to the same post in the same pay scale, and (3) that by subsequent revision of pay scale different pay scales could not be enforced for the same post merely on the basis of a bolder of a Certificate or a Diploma because as an Instructor the person will perform the same duties and will do the same work in spite of the fact that be may be a Certificate holder or a Diploma holder, and directed that the respondent be placed in the pay scale not lower than that of the Diploma holders. In appeal to this Court on behalf of the Appellant-State it was contended: ( 1) that the different pay scales on the basis of difference in educational qualifications could he justified and will amount to reasonable classification and will not he hit by Article 14 of the Constitution, (2) that a Diploma is a higher qualification than a Certificate and (3) that the view taken by the High Court is not correct. |
Judge | Hon'ble Mr. Justice G.L. Oza |
Neutral Citation | 1986 INSC 269 |
Petitioner | State Of Mysore |
Respondent | B. Basavalingappa |
SCR | [1987] 1 S.C.R. 579 |
Judgement Date | 1986-12-17 |
Case Number | 110 |
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