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Supreme Court of India

GABRIEL SAVER FERNANDES AND ORS. versus THE STATE OF KARNATAKA AND ORS.

Decided
5 September 1994
Judges listed
K. RAMASWAMY (as the open data lists them; this may not name the whole bench)
Disposal
Dismissed

Citations

Official
[1994] SUPP. 3 S.C.R. 105 · 1994 INSC 353
Also cited as
  • (1995) Supp 1 SCC 149 (4 citing judgments)

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The Court's text

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Unnumbered paragraph

Leave granted.

p. 106, margin C

Unnumbered paragraph

It is contend~d for the appellants that as per the directions, issued by the High Court in Writ Petition No. 1173/62, dated March 4, 1965, the High Court had struct down the rules holding that there c~ot be any distinction between the Talatis and Village Accountants. They cannot be clubbed together and they constitute different eategories and that, therefore, they are entitled to separate scales of pay. When they claimed the scale of pay on the basis of revised pay scales at Rs. 90-200 instead of Rs. 80-145, the Tribunal l;tas committed illegality in not considering the distinction and that therefore, the ~ppellants are not entitled to the benefit of the payment of scale of pay of Rs. 90-200 as per 1970 Rules w.el. January 1, 1970.

p. 106, margin C

Unnumbered paragraph

It would appear that the Government made a distinction between Talatis and Village Accountants. who possessed SSLC qualification and those who are non-SSLC candidates. For the candidates who are having SSLC qualification, pay scale of Rs. 90-200 has been provided for. Admittedly, the appellants are not in that category as they are non-SSLC can- · didates. The Government, therefore, thought it expedient to make a distinction between qualified and unqualified persons and prescribed different scales of pay. Hence, we do not find any invidious discriinination made between the two categories to club together and grant them same scale of pay of Rs. 90-200. However, since the appellants have already been paid the scale of pay of Rs. 90-200 while they were in service and are retired now, it would be appropriate that the Government may not recover

p. 106, margin E

Unnumbered paragraph

G.S. FERNANDES v. STATE OFKARNATAKA 107 , from them the salary which they had already received though they are not A · eligible to the scale of pay of Rs. 90-200.

p. 107

Unnumbered paragraph

· The appeals are accordingly dismissed. No costs. G.N. Appeals dismissed.

p. 107