MALLESHAPPA HANAMAPPA Vs. STATE OF MYSORE
LAWS(KAR)-1960-12-1
HIGH COURT OF KARNATAKA
Decided on
December 07,1960
MALLESHAPPA HANAMAPPA
Appellant
VERSUS
STATE OF MYSORE
Respondents
Referred Judgements :-
SHENTON V. SMITH [REFERRED TO]GOULD V. STUART [REFERRED TO]
PUNJAB PROVINCE V. TARA CHAND [REFERRED TO]
STATE OF BIHAR VS. ABDULMAJID [REFERRED TO]
STATE OF MADHYA PRADESH VS. O C MANDAWAR [REFERRED TO]
JAGANNATH PRASAD VS. STATE OF U P [REFERRED TO]
LACHMAN PRASAD RAM PRASAD VS. SUPERINTENDENT GOVERNMENT HARNESS AND SADDLERY FACTORY KANPUR [REFERRED TO]
SURYA KUMAR CHATTERJEE VS. S N BANERJEE [REFERRED TO]
SAMBANDHAN A VS. SOUTHERN RAILWAY [REFERRED TO]
PROVINCE OF BOMBAY VS. MADHUKAR GANPAT NERLEKAR [REFERRED TO]
S FRAMJI VS. UNION OF INDIA [REFERRED TO]
HIGH COMMISSIONER FOR INDIA VS. I M LALL [REFERRED TO]
R VENKATA RAO VS. SECRETARY OF STATE [REFERRED TO]
R T RANGACHARI VS. SECRETARY OF STATE [REFERRED TO]
N. DEVASAHAYAM VS. STATE OF MADRAS [REFERRED TO]
M. Kamalamma VS. State of Mysore and others [REFERRED TO]
N. DEVASAHAYAM VS. STATE OF MADRAS, BY SECRETARY, HOME DEPARTMENT AND ORS. [REFERRED TO]
A SAMBANDHAN VS. REGIONAL TRAFFIC SUPERINTENDENT (PERSONNEL) TIRUCHIRAPALLI [REFERRED TO]
JUDGEMENT
S.R.Das Gupta, C.J. -
(1.)The question, which has been referred to us for decision, shortly stated, arises as follows.
(2.)The petitioner was directly recruited as an upper division clerk. His first appointment was as junior assistant, Political Department. On 18 September 1943 he was transferred on deputation of the Rationing Department, which was a temporary department. In that department he rose up to the position of a Rationing Officer and was drawing a sum of Rs. 460. On 1 March, 1954 the Rationing Department which, as I said, was a temporary department, ceased to exist and the petitioner was thereupon reverted to his parent department. Instead of being reposted to the Political Department he was first posted to the Labour Department and then to the Public Works Department. The pay which was fixed on such reversion was Rs. 120. The petitioner's case is that when he went on deputation on 18 September, 1943 he was confirmed in the post of junior assistant on a pay of Rs. 120 in the grade pay of Rs. 100-5-120-170-10-220. The petitioner had all along been protesting against the said fixation of his pay on his reversion and before he could get any relief in that respect the States Reorganization Act was enacted and the petitioner came to be allotted to the Mysore State. The Mysore Government was thereafter intimated by the Bombay Government that the latter had fixed his pay from 1 June, 1954 at Rs. 225 in the scale of Rs. 210-15-300. On the basis of that order the Government of Mysore eventually fixed his pay as follows :-JUDGEMENT_22_TLKAR0_1960Html1.htm
(3.)It is against that decision that the writ petition, being W.P. No. 283 of 1959 out of which the question referred to us arises, was filed by the petitioner.
(2.)The petitioner was directly recruited as an upper division clerk. His first appointment was as junior assistant, Political Department. On 18 September 1943 he was transferred on deputation of the Rationing Department, which was a temporary department. In that department he rose up to the position of a Rationing Officer and was drawing a sum of Rs. 460. On 1 March, 1954 the Rationing Department which, as I said, was a temporary department, ceased to exist and the petitioner was thereupon reverted to his parent department. Instead of being reposted to the Political Department he was first posted to the Labour Department and then to the Public Works Department. The pay which was fixed on such reversion was Rs. 120. The petitioner's case is that when he went on deputation on 18 September, 1943 he was confirmed in the post of junior assistant on a pay of Rs. 120 in the grade pay of Rs. 100-5-120-170-10-220. The petitioner had all along been protesting against the said fixation of his pay on his reversion and before he could get any relief in that respect the States Reorganization Act was enacted and the petitioner came to be allotted to the Mysore State. The Mysore Government was thereafter intimated by the Bombay Government that the latter had fixed his pay from 1 June, 1954 at Rs. 225 in the scale of Rs. 210-15-300. On the basis of that order the Government of Mysore eventually fixed his pay as follows :-
(3.)It is against that decision that the writ petition, being W.P. No. 283 of 1959 out of which the question referred to us arises, was filed by the petitioner.
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