STATE OF MYSORE versus B. BASAVALINGAPPA

STATE OF MYSORE versus B. BASAVALINGAPPA

Pay scales cannot be revised to discriminate between Certificate holders and Diploma holders for the same post and duties when initial recruitment treated them alike and no evidence exists of substantial difference between the qualifications.

Parties
Appellant: State of Mysore; Respondent: B. Basavalingappa
Jurisdiction
India
Judgment Date
17 December 1986
Procedural Posture
Civil Appeal / Appeal From High Court Decision in Writ Petition
Outcome
Appeal dismissed
Legal Topics
Pay Scale Discrimination, Educational Qualification and Recruitment, Article 14 of the Constitution
Civil Service Pay Scale Discrimination Educational Qualification and Recruitment Article 14 of the Constitution

Case Brief

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Parties

State of Mysore

Appellant

B. Basavalingappa

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Decision in Writ Petition

Legal Issues

  1. 1 Whether different pay scales can be prescribed for Workshop Instructors based on possessing a Diploma or Certificate when both perform the same work
  2. 2 Whether subsequent revision of pay scale to treat Diploma holders and Certificate holders differently constitutes discrimination

Ratio Decidendi

Pay scales cannot be revised to discriminate between Certificate holders and Diploma holders for the same post and duties when initial recruitment treated them alike and no evidence exists of substantial difference between the qualifications.

Court Disposition

Appeal dismissed

Orders

  • Respondent to be placed in pay scale not lower than Diploma holders
  • Respondent entitled to cost of appeal