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PETITIONER: MOHD.  SHAHBUDDIN & ORS.

       Vs.

RESPONDENT: UNION OF INDIA & ORS.

DATE OF JUDGMENT22/01/1975

BENCH: BHAGWATI, P.N. BENCH: BHAGWATI, P.N. REDDY, P. JAGANMOHAN GOSWAMI, P.K.

CITATION:  1975 AIR  929            1975 SCR  (3) 306  1975 SCC  (4) 203

ACT: States  Reorganisation Act 1956--Equation of posts  how  far can  court interfere--Whether decisions taken at  the  Chief Ministers’ conference must be complied with--If equation can be  based  on irrelevant and  irrational  considerations  or erroneous assumptions.

HEADNOTE: The  validity of the equation of posts of graduate  teachers allotted  to the new State of Mysore constituted  under  the States  Reorganisation Act, 1956, was challenged.   The  new State of Mysore was formed comprising the territories of th- e  existing States of Mysore, Coorg, and parts  of  existing States  of  Hyderabad,  Madras  and  Bombay.   The  graduate teachers  in  each of the 5 integrating areas  were  divided into  two grades a lower grade and a higher grade  as  given below : ------------------------------------------------------------ integrating area      Lower Grade            Higher Grade ------------------------------------------------------------- Mysore                Rs.60-150              Rs.  130-200 Coorg                 Rs.80-220              Rs.  100-300 Bombay                Rs.70-200              Rs.  210-300 Madras                Rs.85-175              Rs.  165-245 Hyderabad             Rs.130-190             Rs.  154-275 ------------------------------------------------------------- On  the constitution of the various new States the  question of  equation of.’ posts, absorption of service personnel  in the  equated  posts  and  the  determination  of  inter   se seniority cropped UP.  A meeting of the Chief Secretaries of these  States  was  held  at Delhi  in  May,  1956,  at  the invitation   of  the  Central  Government.   The   following decisions were taken at that meeting : "It  was agreed that in determining the equation  of  posts, the following factors should be borne in mind :-               (i)   the nature and duties of a post;               (ii)  the    responsibilities    and    powers               exercised  by the officer holding a post;  the               extent of territorial or other charge held  or               responsibilities discharged               (iii) the  minimum  qualifications.  if   any,

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             prescribed for recruitment to the post;               (iv)  the salary of the post. It  was  agreed that in determining  relative  seniority  as between  two  persons holding posts declared  equivalent  to each  other, and drawn from different, States the  following points should be taken into account :-               (i)   length  of continuous  service,  whether               temporary or permanent, in a particular grade;               this  should exclude periods for  Chemical  an               appointment  is held in a purely  stop-gap  or               fortuitous arrangement                307               (ii)  age  of the person; other factors  being               equal   for   instance,   seniority   may   be               determined on the basis of age. It  was  also agreed that as far as possible, the  inter  se seniority  of officers drawn from the same State should  not be disturbed. In  February,  1958,  the provisional  inter-State  list  of teachers in the graduate tutorial cadre for new Mysore State was prepared.  This list was prepared on the basis that  the posts  of ex-Hyderabad teachers in the grade of Rs.  154-275 were  equated with those of ex-Mysore teachers in the  grade of Rs. 130-200, while the posts of ex-Coorg teachers in  the grade  of Rs. 100-300 were equated with those  of  ex-Mysore teachers in the grade of Rs. 60-150.  The Coorg teachers irk the grade of Rs. 100-300 were dissatisfied with the equation of their posts with those of ex-Mysore teachers in the grade of  Rs. 60-150.  They, therefore, filed a Writ  Petition  in the High Court of Mysore. One of the contentions of the petitioners was upheld by  the High  Court  in the year 1964 and the State  Government  was directed to prepare a provisional inter-State seniority list of  teacher’s in the graduate tutorial cadre.   Pursuant  to seniority list in   July,  1964.  Thereafter a final  inter- State, seniority list of teachers  in the graduate  tutorial cadre  was prepared in December, 1966, which  was  different from  provisional  list  prepared in  1964.   In  the  final seniority list the equation of posts was different from  the one proposed in the provisional inter-State seniority  list. The ex-Hyderabad and Coorg teachers filed a petition in  the High  Court  of Mysore for quashing ’and setting  aside  the equation  of posts on which the final inter-State  seniority was based.  The High Court by its judgment delivered in 1969 allowed  the writ petition on the ground that the  seniority list  was  prepared without giving any  opportunity  to  ex- Hyderabad teachers, and that vitiated the equation of posts. After  considering  the  representations filed  by  all  the teachers concerned a provisional inter-State seniority  list was  published in November, 1969.  Though the claim  of  the ex-Hyderabad  teachers  was not accepted in  to,  they  were satisfied  with  the  decision  of  the  Central  Government contained  in the provisional list published in  1970.   The ex-Coorg  teachers  were dissatisfied and,  therefore,  they made representations complaining against the decision of the Central  Government.   In December, 1971, the  final  Inter- State  seniority list was published.  The final list  varied the  equation  to  the  disadvantage  of  the   ex-Hyderabad teachers  as  compared  to the provisional  list.   The  ex- Hyderabad  teachers and ex-Coorg teachers  therefore,  filed the present petition in this Court. It  was  contended  before this Court  by  the  ex-Hyderabad teachers               (1)   Equation  of  posts in  the  final  list               different  from the provisional list  made  by

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             the Central Government was without giving  any               opportunity to the Hyderabad teachers to  make               a  proper representation and was in  violation               of the principles of natural justice.               (2)   The  Central Government failed  to  take               into account the 4 factors decided upon at the               Chief Secretaries Conference.               (3)   The  equation  of  posts  made  by   the               Central  Government  was  based  on  erroneous               assumptions and irrelevant considerations  and               disclosed  non-application  of  mind  to   the               material and relevant facts. HELD  : The Power to determine equation of posts belongs  to the  Central Government under section 115(5) of  the  States Reorganisation  Act and this power must be exercised by  the Central  Government  after  giving  an  opportunity  to  the allocated  Government  servant to  make  representations  in regard  to this matter.  The Central Government is bound  to have regard to the 4 factors decided upon at the  Conference of  the Chief Secretaries held in May, 1956  in  determining equation of Posts.,-It is not open to the court to  consider whether the equation of posts made by the Central Government is  right  or wrong if those 4 factors  have  been  properly taken  into account.  What the court can scrutinise is  only whether  the 4 factors agreed upon at the Chief  Secretaries Conference  have been properly taken into account.   If  the court finds that one 308 ,or more of these 4 factors have been ignored the court  can strike  down  the  equation of posts  made  by  the  Central Government.   The Court can also interfere if it finds  that the  decision  of the Central Government in  regard  to  the equation  of  posts is mafafide or  without  application  of mind.   The  Court  may also intervene if it  comes  to  the conclusion  that the decision of the Central  Government  is based  on irrelevant considerations or wrong assumptions  or that  it  is so irrational or perverse  that  no  reasonable person properly instructed and taking into account  relevant factors could possibly arrive at it. [316H-317E] HELD   FURTHER  :  The  ex-Hyderabad  teachers,   did   make representation   after  the  judgment  of  the  High   Court delivered   in   1969   and  the   Government   took   those representations  into consideration before making the  final list.  It is not possible to say that the decision was taken by  the Central Government without giving an opportunity  to the ex-Hyderabad teachers to make a proper representation or that  there was any violation of the principles  of  natural justice. [319D-G] HELD  FURTHER :-The final seniority list does not  give  the reasons which weighed with the Central Government in  making the  equation of posts.  However, in  the  counter-affidavit filed in this Court on behalf of the Government reasons have been  disclosed  why the equation of posts was done  in  the manner  given in the final list.  The Central Government  in determining  equation of posts omitted to take into  account the relevant considerations and failed to apply the criteria of  the  first  and  second factors  decided  at  the  Chief Secretaries meeting.  The Central Govt. did not compare  the post  of ex-Hyderabad teachers in the grade of  Rs.  154-275 and  the ex-Bombay, ex-Madras and ex-Mysore teachers in  the higher grades on the basis of the criteria of the first  and second   factors.   The  Central  Government  also   ignored altogether  the  fourth factor, namely. the  salary  of  the post.  The equation had to be done by reference to the  four criteria   laid  down  in  the  Conference  of   the   Chief

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Secretaries.   It  was immaterial whether the  grades  which were sought to be equated were initial recruitment grades or promotional grades.  There was no requirement either of  law or of principle that one initial recruitment grade could  be equated only with another initial recruitment grade or  that one  promotional  grade could be equated with  only  another promotional  grade.  Even factually the  Central  Government was  not right in saying that the ex-Hyderabad grade of  Rs. 154-275   was  not  a  promotional  grade  but  an   initial recruitment  grade for trained graduates.  [319H320B;  321H; 323F-G; 324 E-G; 326C-G] HELD  FURTHER:  The Central Government failed to  take  into account  an  important and relevant  consideration,  namely, that  of the qualifications required for recruitment to  the posts  sought  to be equated.  At any given point  of  time, there  was always a large number of untrained graduates  the ex-Mysore  grade of Rs. 60-150 whereas in  ex-Hyderabad  all teachers in the grade of Rs. 150-275 were trained graduates. [329 E-F] HELD  FURTHER:  The equation of posts made  by  the  Central Government is illegal and invalid in so far as it relates to the posts of ex-Hyderabad teachers in the grade of Rs.  154- 275.   The  final seniority list is also set  aside  to  the extent  it relates to the posts of ex-Hyderabad teachers  in the  grade  of  Rs. 154-275 and the  Central  Government  is directed  to make fresh equation of posts after taking  into account  all relevant facts having material bearing  on  the question  and in the light of the observations contained  in the judgment. [329H-330E] HELD  FURTHER. The case of ex-Coorg teachers stands  on  the same  footing  as  that of  ex-Hyderabad  teachers  in  some material  respects.  The Central Government failed  to  take into account the four criteria laid down in the Chief Secre- taries Conference.  The Central Government also proceeded on an erroneous basis.  These infirmities vitiated the equation of posts.  The equation of posts of ex-Coorg teachers in the grade of Rs. 100-300 are therefore quashed and set aside the Central  Government  is directed to make fresh  equation  of posts  and  after  taking into account  all  relevant  facts having  material bearing on the question and n the light  of the observations contained in the judgment. [330CD, 332A-B] 309

JUDGMENT: ORIGINAL   APPELLATE  JURISDICTION  :  Writ  Petition   Nos. 12 & 149 of 1972. Petitions Under Article 32 of the Constitution. D.   V.  Patel and K. N. Bhatt, for the petitioners (in  WP. No. 12/72). II.   B.,  P.  P.  Bhopanna  and  Narayan  Nettar,  for  the petitioner (In WP. No. 149/72). S.   N. Prasad and R. N. Sachthey, for respondent No. 1  (In WP.  No. 12/72). K.   S.  Puttaswamy Govt.  Advocate for Karnataka,,  and  M. Veerappa, for respondents Nos. 2 & 3 (In WP.  No. 12/72). S.   S.  Jayali and B. P. Singh, for respondents  Nos.  4-9, 10-12  & 14 (In WP.  No. 12/72) and respondent Nos. 4-9  (In WP.  No. 149/72). Narayan Nettar, for respondent No. 13 (In WP.  No. 12/72). S.   N. Prasad and R. N. Sachthey, for respondent No. 1  (In WP.  No. 149/72). M.  Veerappa,  for  Respondents  Nos. 2 &  3  (In  WP.   No. 149/72).

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The Judgment of the Court was delivered by BHAGWATI,   J.-The   short   question   that   arises    for consideration  in these petitions is as to the  validity  of the  equation of posts of graduate teachers allotted to  the new   State   of  Mysore  constituted   under   the   States Reorganisation Act, 1956.  This Act redrew the boundaries of the different States in India with effect from 1st November, 1956  and  inter  alia  a new State  of  Mysore  was  formed comprising the territories of the existing- States of Mysore and  Coorg, four districts in the existing State of  Bombay, three  districts in the existing State of Hyderabad and  one district  in  the existing State of Madras.  Prior  .to  the reorganisation, each of these five integrating areas,  which went to make up the new State of Mysore, had a different set up of school administration.  The schools in the Mysore  and Coorg  areas  were classified into Primary  schools,  Middle schools  and High schools.  In the Bombay and Madras  areas, the  schools  were  classified  into  Primary  schools   and Secondary   schools   and   in  the   Hyderabad   area   the classification was into Primary schools, Middle schools  and composite schools.  The Secondary schools in the Bombay  and Madras areas and the composite schools in the Hyderabad area comprised  the same classes as the Middle schools  and  High Schools in the Mysore and Coorg areas The posts of  teachers in these schools were inter-changeable with the posts in the Inspectorate  Branch  in the Education  Department  and  the Training  Institutions and they belonged to  common  cadres. We shall, for the sake of convenience, refer to the  persons occupying the posts of teachers in these schools as also the persons occupying cor- 310 responding posts in the Inspectorate Branch and the Training Institution  as  "graduate teachers".  These  petitions  are concerned  only  with graduate teachers  so  described  and, therefore, we shall confine our discussion to them alone. The graduate teachers in each of the five integrating  areas were  divided  into two grades, a lower grade and  a  higher grade  and the pay scales of these two grades differed  from one integrating area to the other as shown by the  following particulars -------------------------------------------------------------- integrating area       LowerGrade           Higher Grade -------------------------------------------------------------- Mysore                 Rs.60-150           Rs. 130-200 Coorg                  Rs.80-220           Rs. 100-300 Bombay                 Rs.70-200           Rs. 210-300 Madras                 Rs.85-175              Rs. 165-245 Hyderabad              Rs. 130-190            Rs. 154-275 ------------------------------------------------------------ There was also one post of Principal, Janatha College in the Coorg  area prior to the reorganisation which carried a  pay scale  of  Rs. 200-300.  This was a college  started  on  an experimental basis under the Five Year Plan and the post  of Principal was created as a temporary post under a Government Order dated 7th March, 1955. On  the  constitution of the new State of Mysore  by  coming together  of these five integrating areas, a question  arose as to how the graduate teachers allotted to the new State of Mysore from these five integrating areas should be  adjusted so  as  to form an integrated service in the  new  State  of Mysore and it was, therefore, necessary to decide where  and at what place they should be adjusted in the constitution of the new service.  This process necessarily involved equation of  posts,  absorption of service personnel in  the  equated posts  and  the determination of inter se  seniority.   Now,

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this was not a problem confined to one service or one  State alone  and  principles had, therefore, to be  evolved  which would be uniformly applicable in relation to integration  of services  in all the States which were going to be  affected by  the reorganisation.  A meeting of the Chief  Secretaries of  these States was accordingly held at Delhi on  18th  and 19th May, 1956 at the invitation of the Central  Government. Certain  decisions  were  taken at this meeting  as  to  the general  principles that should be observed with  regard  to the work of integration of the services.  The Government  of India,  by their letter dated 3rd April, 1957, informed  the State 311 Governments   that  they  had  decided  that  the  work   of integration  of’ services should be dealt with by the  State Governments  in  the  light of  general  principles  already decided at the meeting of the Chief Secretaries.  The  State Governments  were also informed that the Central  Government was  constituting Advisory Committees for assisting them  in dealing with the representations by the officers affected by the   re-organisation.   The  principles   for   determining equation  of  posts  and inter  se  seniority  of  allocated Government  servants reached at the conference of the  Chief Secretaries were as follows :               "It   was  agreed  that  in  determining   the               equation  of  posts,  the  following   factors               should be borne in mind               (i)   the nature and duties of a post;               (ii)  the    responsibilities    and    powers               exercised  by the officer holding a post;  the               extent of territorial or other charge held  or               responsibilities discharged;                (iii)the  minimum  qualifications,  if   any,               prescribed for recruitment to the post;               (iv) the salary of the post; It  was  agreed that in determining  relative  seniority  as between  two persons holding post a declared  equivalent  to each  other, and drawn from different States, the  following points should be taken into account               (i)   Length  of continuous  service,  whether               temporary or permanent, in a particular grade;               this  should  exclude  periods  for  which  an               appointment  is held in a purely  stop-gap  or               fortuitous arrangement;               (ii)  age  of the person; other factors  being               equal,   for   instance,  seniority   may   be               determined on the basis of age.               Note  :  It  was also agreed that  as  far  as               possible,  the inter se seniority of  officers               drawn  from  the  same  State  should  not  be               disturbed. Though  these principles were laid down as far back as  18th and’  19th  May,  1956, long prior  to  the  reorganisation, neither  the  Central" Government nor the  State  Government took  any steps for the purpose of determining the  equation of posts of graduate teachers and their inter se  seniority. On  3rd February, 1958, the Director of Public  construction circulated a Provisional Inter State List of teachers in the graduate  tutorial cadre and this list was prepared  on  the basis  that the posts of ex-Hyderabad teachers in the  grade of Rs. 154-275 were equated with those of ex-Mysore teachers in  the  grade  of Rs. 13000, while the  posts  of  ex-Coorg teachers  in the grade of Rs. 10000 were equated with  those of-ex-Mysore   teachers   in  the  grade  of   ’s.   60-150, Presumably, on the assumption that this list would,

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312 be finalised at an early date by the Central Government, the State  Government  made  temporary promotions  to  Class  11 Gazetted posts on the basis of this list and some of the ex- Hyderabad  teachers  in  the  .grade  of  Rs.  154-275  were consequently promoted to Class 11 Gazetted posts and out  of them  a  few  were  even promoted to Class  I  posts  in  an officiating  capacity.  So far as the Coorg teachers in  the grade of Rs. 100-300 were concerned, they were  dissatisfied with  the  equation of their posts with those  of  ex-Mysore teachers  in  the grade of Rs. 60-150 and  they  accordingly challenged this list by filing Writ Petition No. 603 of 1961 in the High Court of Mysore.  One of the ,contentions raised by  them  was that this list circulated by the  Director  of Public  Instruction  had  no validity, since  the  power  to determine  equation  of  posts and  inter  se  seniority  of allocated  teachers in the tutorial cadre was vested in  the State  and  the  State  Government  should,  therefore,   be directed to prepare a provisional Inter State Seniority List in  accordance  with  the requirements  of  the  Act.   This contention was upheld by a Division Bench of the High  Court by a judgment dated 12th June, 1964 and the State Government was directed to prepare a provisional Inter State  seniority list  of teachers in the graduate tutorial cadre.   Pursuant to  this  direction of the High court the  State  Government prepared  a  Provisional  Inter  State  Seniority  List  and published  it  under a notification dated  2nd  July,  1964. ’This  Provisional Inter State Seniority List was  based  on equation  of posts set out in Annexure II to the List.   The posts  of ex-Hyderabad teachers in the grade of Rs.  154-275 and the posts of ex-Coorg teachers in the grade of Rs.  100- 300  as also the post of Principal, Janatha College  in  the grade  of  Rs. 200-300 were equated with the  posts  of  ex- Bombay  teachers in the grade of Rs. 210-300, the  posts  of ex-Madras teachers in the grade of Rs. 165-245 and the posts of ex-Mysore teachers in the grade of Rs. 130-200, while the posts  of ex-Hyderabad teachers in the grade of Rs.  130-190 and  the posts of ex-Coorg teachers in the grade of Rs.  80- 220 were equated with the posts of ex-Bombay teachers in the grade of Rs. 70-200, the posts of ex-Madras teachers in  the grade  of Rs. 85-175 and the posts of ex-Mysore teachers  in the  grade  of  Rs. 60-150.  It was on  the  basis  of  this equation  of  posts that the seniority of  teachers  in  the graduate tutorial cadre was determined under the Provisional Inter   State   Sesnority  List  published  by   the   State Government. The  petitioners in Writ Petition No. 12 of 1972  (hereafter refer-red  to  as  the  ex-Hyderabad  petitioners)  are  all graduates of recognised universities and they also hold  the degree  of  B.T.  or  B.Ed.  and  ,are  accordingly  trained graduate   teachers.   The  ex-Hyderabad  petitioners   were originally appointed in the erstwhile State of Hyderabad  in posts in the grade of Rs. 130-190 and subsequently in course of  time they were promoted strictly in accordance with  the principle c seniority-cum-merit to the grade of Rs.  154-275 on various date before 1st November, 1956.  The ex-Hyderabad petitioners we thus in the grade of Rs. 154-275 at the  time of the reorganisat when they were allocated to the new State of Mysore from the Hyderabad area.  Since the posts held  by the  ex-Hyderabad  petition were equated with those  of  ex- Mysore teachers in the grade of 313 130-200  under  Annexure 11 to the Provisional  Inter  State Seniority,  List  and their seniority  vis-a-vis  the  other allocated  teachers  was. determined on the  basis  of  such

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equation of posts, they did not have any Grievance with  the Provisional Inter State Seniority List and they  accordingly did  not  make any representation to the State  or  Central. Government against it. The   petitioners   in  Writ  Petition  No.  149   of   1972 (hereinafter  referred to as the ex-Coorg  petitioners)  are also  graduates  of  recognised universities  and  hold  the degree of B . T. or B.Ed. and are trained graduate teachers. Out of them, petitioners Nos.  1 to 3 were originally in the grade  of  Rs. 80-220 but on obtaining the degree  of,  B.T. they  were promoted to the grade Rs. 100-300.   Petitioners. Nos.  4 to 15 were trained graduates directly  appointed  in the  grade of’ Rs. 100-300.  Petitioners Nos. 16 to 27  were originally appointed  in, the grade of Rs. 80-200, but  they subsequently   obtained   the  degree  of  B.T.   and   were accordingly  promoted  to  the grade of  Rs.  100-300.,  And similarly,  petitioner’s  Nos.  28  to  33  were  originally appointed in the grade of Rs. 80-220 as untrained  graduates but  on obtaining the degree of B.T. they were  promoted  in the  grade  of Rs. 100-300.  The ex-Coorg  petitioners  were thus  all  in the grade of Rs. 100-300 at the  time  of  re- organisation  when they were allocated to the new State  (if Mysore  from the ex-Coorg area:, They also did not make  any representation  against  the Inter  State  Provisional  List published by the State Government as the posts held by  them were  equated with those of ex-Mysore teachers in the  grade of  Rs. 130-200 and they were satisfied with  that  equation and the inter se seniority based upon it.. The  State  Government thereafter by  a  notification  dated 27th.   December,  1965  published  the  final   Inter-State Seniority List of teachers in the graduate tutorial cadre in exercise  of the powers conferred by the proviso to  Article 309  of the Constitution and in accordant with the  decision of  the Government of India under the provision  of  section 115  (5)  of the Act.  The ex-Hyderabad  and  the  ex-Coorg- petitioners  were  surprised to find that this  Final  Inter State Seniority List was based on an equation of posts which was different from the one proposed in the Provisional Inter State Seniority List.  The final Inter State Seniority  List classified  the  posts of teachers into  three  cadres,  the first being promotional cadre, the second being intermediate cadre  and the third being initial recruitment  cadre.   The posts of ex-Bombay teachers in the grade of Rs. 210-300, the posts  of’ ex-Madras teachers in the grade of  Rs.  165-245, the posts of ex-Mysore teachers in the grade of Rs.  130-200 and the post of Principal.  Janatha College in the grade  of Rs.  200-300 were equated and placed in  promotional  cadre, while the posts of ex-Hyderabad teachers in the grade of Rs. 150-275 as well as the grade of Rs. 130-190 and the posts of ex-Coorg,  teachers in the grades of Rs. 110-300 as well  as the  grade of Rs. 60-200 were equated with the posts of  ex- Bombay teachers in the grade of Rs. 70-200, the posts of ex- Madras teachers in the grade of Rs, 85-175 and the posts  of ex-Mysore teachers in the grade of Rs. 60-150 and placed  in the initial recruitment cadre.  The result of this  equation of  posts was that the ex-Hyderabad petitioners who were  in the grade of Rs. 154-275 and’ 314 the  ex-Coorg petitioners who were in the grade of Rs.  100- 300 were ’pushed down in seniority by hundred of places  and their.   future  prospects  of  promotions  were   seriously prejudiced. The  ex-Hyderabad  petitioners  along with  some  other  ex- Hydrabad  teachers thereupon filed a petition in  the,  High Court of Mysore for quashing and setting aside the  equation

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of  posts on which the final Inter State Seniority List  was based.  There were several grounds on which the validity  of the  equation  of the posts was challenged but  one  .ground which appealed to the High Court was that since the equation of posts made in the Provisional Inter State Seniority  List was  not  disadvantageous to the ex-Hyderabad  teachers  and they  were  satisfied  with  it,  they  did  not  make   any representation  placing all the relevant facts in regard  to their  case before the Central Government and the change  in equation  of posts in the Final Inter State Seniority  List- which  was disadvantageous to the ex-Hyderabad  teachers-was thus  without any opportunity to them to have their  say  in the  matter  and that vitiated the equation of  posts.   The High  Court  on this view, by .an order dated  8th  January, 1969, set aside the equation of posts on the basis of  which the  Final  Inter  State Seniority  List  was  prepared  and directed that "that part of the Final Inter State  Seniority List  which referred to the ex-Hyderabad teachers should  be made again by the ’Central Government after consideration of all the relevant facts and circumstances and the ex-Hydrabad petitioners and all others who were likely to be affected by the  determination.  to be made by  the  Central  Government should submit their representations in regard to this matter within a month from the date of the order of the High Court. The  ex-Coorg teachers also filed similar petitions  in  the High Court of Mysore challenging the validity of equation of posts made in the Final Inter State Seniority List since the posts  held  by them were ,equated with those  of  ex-Mysore teachers in the grade of Rs. 60 150 and that was done by the Central Government without giving any opportunity to them to make  a representation.  The High Court, by an  order  dated 24th February, 1969, set aside the equation, of the posts of ex-Coorg teachers in the grade of Rs. 100-300 with those  of ex-Mysore teachers in the grade of Rs. 60-150 on the  ground that  the Central Government had departed from the  equation of posts made in the Provisional Inter State Seniority  List without  giving any opportunity to the ex-Coorg teachers  to make  representations  against such departure  and  directed that the Central Government should make a proper equation of posts after giving to the ex-Coorg teachers an  ,opportunity to make representations in regard to the matter. Pursuant to the orders of the High Court dated 8th  January, 1969  and 24th February, 1969 the ex-Hyderabad  teachers  in the  grade of Rs. 154-275 and the ex-Coorg teachers  in  the grade  of  Rs. 100-300 made representations to  the  Central Government contending that the posts held by them should  be equated with those of ex-Mysore teachers in the grade of Rs. 130-300 and placed in promotional cadre.  The 315 Central Government after considering these,  representations as  also  representations  received  from  other   allocated teachers  arrived at a tentative decision in regard  to  the equation  of  posts  and on the,  basis  of  such  tentative decision  a  Provisional  Inter  State  Seniority  List  was published  by the State Government by a  notification  dated 20th November, 1970.  The equation of posts on the basis  of which  this  Provisional  Inter  State  Seniority  List  was prepared  was set out in Annexure I to the List.  The  posts of  ex-Coorg  teachers  in the grade  of  Rs.  100-300  were equated with those of ex-Mysore teachers in the grace of Rs. 60-150  and placed in category 11 which corresponded to  the initial recruitment cadre.  However, so far as the posts  of ex-Hyderabad  teachers  in  the grade of  Rs.  154-275  were concerned,  they were treated as a special class and it  was decided  that  "it is not necessary to equate this  post  in

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Category  11,  but  for purposes of promotion  to  the  next higher  Category, the teachers who were in the scale of  Rs. 154-275 may be placed "en-bloc" immediately above the  first teachers from Hydrabad in the scale of Rs. 130-190 who finds place  in  Category II, thus maintaining  the  parent  State Seniority  of the teachers coming from the former  State  of Hydrabad."  Vide  note  at the foot of  Annexure  I  to  the Provisional Inter State Seniority List. Though the claim of the ex-Hyderabad teachers to equation of their posts with those of ex-Mysore teachers in the grade of Rs.  130-200  in  Category  1,  which  corresponded  to  the promotional   grade,  was  not  accepted  by   the   Central Government,  they  were satisfied with the decision  of  the Central  Government to place the en-bloc  immediately  above the  first ex-Hyderabad teacher in the grade of Rs.  130-190 and they accordingly did not make any representation to  the Central  Government contending that the posts held  by  them should  be equated with those of ex-Mysore teachers  in  the grade of Rs. 130-200 and placed in Category 1. The  ex-Coorg teachers  were, however, dissatisfied with the  decision  of the Central Government equating the posts held by them  with those  of  ex-Mysore teachers in the grade of Rs.  60150  in Category  11  and,  therefore,  they  made   representations complaining  against the decision of the Central  Government and submitting that the posts held by them should be equated with those of ex-Mysore teachers in the grade of Rs. 110-200 and  placed  in Category 1. It appears  that  the  ex-Mysore teachers   in   the   grade  of   Rs.   60-150   also   made representations  to the Central Government since the  effect of  placing  the ex-Hyderabad teachers in the grade  of  Rs. 154-275 en-bloc immediately above the first teacher from the ex-Hyderabad  in the grade of Rs. 130-190, was to push  them back  in  seniority below the ex-Hyderabad teachers  in  the grade   of  Rs.  154-275.   The  Central  Government   after considering   all   these  representations   received   from different   classes  of  allocated  teachers  as  also   the representations  submitted by the ex-Hyderabad and  the  ex- Coorg  teachers pursuant to the directions contained in  the orders  of the High Court dated 8th January, 1969  and  24th February,  1969  determined  the equation of  posts  and  in accordance with this determination the State Government by a notification  dated 9th December, 1971 published  the  Final Inter   State  Seniority  List.   This  Final  Inter   State Seniority  List also, like the earlier one,  classified  the posts into Promotional cadre, Intermediate 316 cadre  and  Initial  Recruitment cadre.  The  posts  of  ex- Hydrabad teachers in the grade of Rs. 154-275 as well as the posts of ex-Coorg teachers in the grade of Rs. 100-300  were equated with the posts of ex-Bombay teachers in the grade of Rs. 70-200, the posts of the exMadras teachers in the  grade of  Rs.  85-175 and the posts of ex-Mysore teachers  in  the grade  of Rs. 60-150 and placed in the  Initial  Recruitment cadre,  while the post of Principal, Janatha College in  the grade of Rs. 200-300, the posts of ex-Bombay teachers in the grade of Rs. 210-300, the posts of ex-Madras teachers in the grade of Rs. 105-245 and the posts of ex-Mysore teachers  in the  grade  of Rs. 130-200 were equated and  placed  in  the promotional cadre.  The result was that though prior to  the reorganisation the ex-Hyderabad teachers in the grade of Rs. 154-275  and the ex-Coorg teachers in the grade of Rs.  100- 300 were eligible for being considered for promotion to  the post  of Head Master which was a Class H Gazetted post  they could  now hope to reach the post of Head Master only  after being  first promoted to the Promotional cadre, which  would

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mean  that they would have to await their turn  until  after all  the  teachers  in the  Promotional  cadre  were  either promoted  or  rejected  and  moreover  their  seniority  was seriously    prejudiced   and   their   future    emoluments considerably affected. The ex-Hyderabad petitioners being aggrieved by the equation of  posts  made  in the Final  Inter  State  Seniority  List preferred  Writ  Petition  No.  12-of  1972  in  this  Court challenging  the validity of the equation in so far  as  the posts held by ex-Hyderabad teachers in the grade of Rs. 154- 275  were  equated with those of ex-Mysore teachers  in  the grade  of  Rs. 60-150 and classified under the  Category  of Initial  Recruitment  cadre.   The  contention  of  the  ex- Hydrabad  petitioners  was that the posts held  by  the  ex- Hydrabad  teachers in the grade of Rs. 154-275 should.  have been  equated with those of ex-Mysore teachers in the  grade of  Rs.  130-200  and  placed  in  the  Promotional   cadre. Similarly,  the ex-Coorg teachers also filed  Writ  Petition No.  149 of 1972 in this Court challenging the  validity  of the equation made in the Final Inter State Seniority List in so  far  as the posts held by the ex-Coorg teachers  in  the grade  of Rs. 100-300 were equated with those  of  ex-Mysore teachers  in  the  grade of Rs. 60-150  and  placed  in  the Initial  Recruitment  cadre.  They also contended  that  the posts  of  ex-Coorg  teachers in the grade  of  Rs.  100-300 should have been equated with those of ex-Mysore teachers in the   grade of Rs. 130-200 and treated as belonging  to  the Promotional  cadre.   The  question we are  called  upon  to consider  in these, two writ petitions is whether the  claim made  by  the  ex-Hyderabad  petitioners  and  the  ex-Coorg petitioners can be sustained. Before we proceed to examine the merits of the claim of  the ex-Hyderabad  and  the  ex-Coorg petitioners,  it  would  be convenient first to consider the ground on which an equation of  posts made by the Central Government may be  challenged. It is now well settled that the power to determine  equation of  costs  belongs to the Central Government  under  section 115(5)  of the Act and this power must be exercised  by  the Central Government after giving an opportunity to the 317 allocated  Government  servants to make  representations  in regard  to this matter.  This Court pointed out in Union  of India  v. P. K. Roy(1) that a decision taken by the  Central Government  without  giving an opportunity to  the  officers affected  to make representations would be invalid and  that was  affirmed  by this Court in the subsequent  decision  in Union  of India v. G. R. Prabhavalkar(2).  This  Court  also laid down in.  Rajiah Rai v. Union of India(3) and Union  of India  v. G. R. Prabhava1kar(2) that the Central  Government is bound to have regard to the four factors decided upon  at the  conference  of the Chief Secretaries held on  18th  and 19th May, 1956 in determining equation of posts and if these four  factors  have been properly taken  into  account,  the decision  of the Central Government cannot be assailed.   It is not open to the Court to consider whether the equation of posts  made  by the Central Government is  right  or  wrong. That  is  a matter exclusively within the  province  of  the Central  Government.  What the Court can scrutinise is  only whether   the  four  factors  agreed  upon  at   the   Chief Secretaries’  conference  have  been  properly  taken   into account.  If the Court finds that one or more of these  four factors  have  been ignored, the Court can strike  down  the equation of posts made by the Central Government.  The Court can  also  interfere if it finds that the  decision  of  the Central  Government  in regard to the equation of  posts  is

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mala  fide  or without application of mind.  The  Court  may also  in  a  proper  case  intervene  if  it  comes  to  the conclusion  that the decision of the Central  Government  is based  on irrelevant considerations or wrong assumptions  or that  it  is so irrational or perverse  that  no  reasonable person properly instructed and taking into account  relevant factors could possibly arrive at it.  This is the narrow and limited  field within which the supervisory jurisdiction  of the Court can operate. writ Petition No. 12 of 1972 The  first  ground  on which  the  ex-Hyderabad  petitioners sought to challenge the equation of posts, in so far as  the posts held by them in the grade of Rs. 154-275 were  equated with the posts of ex-Mysore teachers in the grade of Rs. 60- 150  and placed in the Initial Recruitment Cadre,  was  that the  equation  of posts was made by the  Central  Government without  giving  any opportunity to the  ex-Hyderabad  peti- tioners  to make a proper representation.  The  argument  of the  exHyderabad petitioners was that the Provisional  Inter State  Seniority list published on 20th November, 1970  gave them a special position on equation of posts and placed them en-bloc  immediately above the first teacher from  Hyderabad in  the  grade of Rs,  130-190 in  the  initial  Recruitment Cadre and since they were satisfied with this equation  they did not make any representation to the Central  Government,. but  the Central Government altered this equation  to  their prejudice  in the Final Inter State Seniority  List  without giving  any  opportunity to them to  make  a  representation showing  why  they  should not be  equated  with  ex-Mysore, teachers in the grade of Rs. 60-150 in  the Initial Recruit- ment Cadre-but should be equated-with ex-Mysore teachers  in the  grade  of Rs. 130-200 in the  Promotional  Cadre.   Ile equation, of posts in (1). [1968]2.  S.C. R. 186. (2)  [1973] 4 s.ec-C 183. (3) [1973] 1 S. C. C. 61.  6-423SCI/75 318 the  Final  Inter  State Seniority List, in  so  far  as  it related  to  the ex-Hyderabad teachers in the grade  of  Rs. 154-275,    was   themfore   contended   the    ex-Hyderabad petitioners,  in  Violation  of the  principles  of  natural justice and was on that account liable to be quashed and set aside.   Now, it is true that the  ex-Hyderabad  petitioners were  prepared to accept the equation of posts made  in  the Provisional Inter State Seniority List though it did not  go as far as to satisfy the full extent of their claim and they accordingly  did  not make  any  representation  complaining against  such equation of posts and claiming that the  posts held  by them in the grade of Rs. 154-275 should be  equated with those of ex-Mysore teachers in the grade of Rs. 130-200 and  placed  in  the Promotional  cadre.   The  only  repre- sentation  made  by  the  ex-Hyderabad  petitioners  to  the Central  Government  was  the one produced  by  the  learned counsel  appearing  on  be,half  of  the  State   Government pursuant   to   the  directions  given  by   us   and   that representation  showed that though- the  ex-Hyderabad  peti- tioners  felt  that  the  equation  of  posts  made  in  the Provisional  Inter State Seniority List was not correct  and it placed them in a slightly disadvantageous position,  they were,   "in  the  interest  of  common  good  and   amicable settlement",  prepared  to accept it  and  they  accordingly requested  the Central Government to treat  the  Provisional Inter  State Seniority List as final and irrevocable and  to publish  it  as the Final Inter State Seniority  List.   The

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Central  Government, however, changed the equation of  posts proposed  in the Provisional Inter State Seniority  List  to the  detriment  of the ex-Hyderabad petitioners  by  pulling them  down and equating them with ex-Mysore teachers in  the grade  of  Rs.  60-150 in  the  Initial  Recruitment  cadre. Obviously,  this  could  not  be  done  without  giving   an opportunity to the ex-Hyderabad petitioners to make a proper representation.  That was the barest minimum requirement  of the  principles  of natural justice.  This  requirement  was clearly satisfied.  Though the ex-Hyderabad petitioners  did not  make  any representation to the Central  Government  in regard to their claim to equation of posts subsequent to the publication  of the Provisional Inter State Seniority  List, there   were  representations  made  by  them  ,earlier   in pursuance  of the directions given by the High Court in  its judgment   dated  8th  January,  1969.    The   ex-Hyderabad petitioners  :admitted in paragraph 3 (II) of  the  petition that they had made representations to the Central Government subsequent  to  the  judgment of the High  Court  dated  8th January,  1969  and the equation of  posts  was  tentatively decided by the Central Government "after hearing the nations from  all",  which would include  their  representations  as well.   So  also  in paragraph 5 of  the  petition  the  ex- Hyderabad  teachers referred to the-representations made  by them  to the Central Government subsequent to  the  judgment of the High Court dated 8th January, 1969 and stated that in these representations, they had placed A relevant facts  and materials  before  the  Central Government with  a  view  to substantiating their claim to equation of the 319 posts  held by them with those of ex-Mysore teachers in  the grade of Rs. 130- 299 in the Promotional cadre.  The Central Government also affirmed in paragraph 3 of the affidavit  in reply  filed  by  A. R. Ailawadi,  Under  Secretary  to  the Government  of  India, Cabinet  Secretariat  that  represen- tations had been made by the ex-Hyderabad teachers  pursuant to  the directions given by the High Court in  its  judgment dated 8th January, 1969.  It was after considering all these representations   received   pursuant  to   the   directions contained  in  the  judgment of the  High  Court  dated  8th January,  1969  "the  recommendations of the  SAC  on  those representations as also the representations received against the  revised provisional ISS list of the  graduate  tutorial cadre published in November 1970 and the recommendations  of the SAC on those representations, by the application of  the relevant  factors and in particular, the four  criteria  for determination  of  equation  of  posts"  that  the   Central Government  decided the equation of posts forming the  basis of the Final Inter State Seniority List.  This is clear from the  preamble to the notification dated 9th  December,  1971 publishing the Final Inter State Seniority List as also from paragraph  3  of  the  affidavit in reply  filed  by  A.  R. Ailawadi  on behalf of the Central Government.  The  Central Government, therefore, had before it the representations  of the  ex-Hyderabad  teachers claiming equation of  the  posts held  by them in the grade of Rs. 154-275 with those of  ex- Mysore  teachers  in  the  grade  of  Rs.  130-200  in   the Promotional  cadre  and  it  was  after  considering   these representation that the Central Government decided that  the posts held by the ex-Hyderabad teachers in the grade of  Rs. 154-275  should be equated not with the posts  of  ex-Mysore teachers  in  the grade of Rs. 130-200  in  the  Promotional cadre  as claimed by them, but with the posts  of  ex-Mysore teachers  in  the  grade  of  Rs.  60-150  in  the   initial Recruitment  cadre.   It  is  in  these  circumstances   not

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possible  to say that the decision in regard to equation  of posts  in the Final ’ Inter Seniority List was taken by  the Central Government without giving an opportunity to the  ex- Hydrabad petitioners to make a proper representation or that there was any violation of the principles of natural justice in reaching such decision. That  takes us to the next ground of challenge  against  the validity  of  the equation of posts in so far  as,  the  ex- Hydrabad teachers in the grade of Rs. 154-275 are concerned. The  ex-Hyderabad petitioners contended that in  determining the  equation of posts the Central Government had failed  to take into account the four factors decided upon at the Chief Secretaries Conference and that in any event the equation of posts  made by the Central Government was based on  offenses assumptions and irrelevant considerations and disclosed non- application of mind to the material and relevant facts.  Now the  notification dated 9th December, 1971, setting out  the equation of posts, does not give the reasons which 320 weighed  with the Central Government in making the  equation of posts and in the absence of reasons.  It might have  been difficult  for the ex-Hyderabad petitioners to  substantiate this  ground  of  challenge,  but  fortunately  the  Central Government  has,  in  the affidavit in reply  filed  on  its behalf by A. R. Allawadi, disclosed the reasons why it  made the  equation  of  posts in the manner  it  did.   We  must, therefore, proceed to examine these reasons and see how  far they introduce any infirmity in the equation of posts. The  decision of the Central Government giving  its  reasons for the equation of posts may be set out in the words of the Central  Government itself as reproduced in paragraph 15  of the affidavit in reply made by A.R. Ailawadi:               "The main points raised in the representations               received against the revised provisional  list               of 1970 are that the posts of Teachers in  the               grades  of  Rs. 130-190 and  Rs.  80-220  from               Hydrabad and Coorg respectively should be  put               in  a  separate lower category  and  that  the               posts of Teachers from Hyderabad in the  scale               of  Rs.  154-275 should  be  equated  with-the               posts-of teachers from other integrating areas               without  any  special  treatment.   The  Coorg               Teachers in the scale of pay Rs. 180-300  have               claimed higher equation whereas the  Hyderabad               Teachers  have,  by and large,  supported  the               tentative  equation of posts suggested by  the                             Central Government.               On  the  basis of all the  material  available               with  the  Central Government it  is  observed               that in the, case of none of these seven posts               are all the four criteria admittedly higher or               lower  than the others.  If, therefore,  3  of               the 4 criteria are by and large, similar,  the               posts  would  have  to  be  equated.   Broadly               speaking,  the  teachers in all  these  grades               were  either tcaching High School  and  Middle               School  classes,  or  doing  inspection  work.               It’is  seen  that  the  duties,  etc.  of  the               Hyderabad  Inspectorate  in the grade  of  Rs.               154-275  were what inferior to those of  their               counter-parts  in Mysore, Bombay,  Madras  and               Coorg.   In respect of minimum  qualifications               prescribed  for recruitment to the posts,  the               Hyderaabad and Coorg teachers in the grades of               Rs. 130-190 and Rs. 80-220 respectively,  were

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             legs   qualified  than  the  other   teachers.               Regarding  scales  of pay, the  Hyderabad  and               Coorg teachers in the grade of Rs. 154-275 and               Rs.  100-300  respectively were  in  a  better               scale than the other teachers, but               321                the scales of pay of the Hyderabad and  Coorg               teachers in the, grade of Rs. 130-190 and  80-               20O  were  better than those of  the,  Mysore,               Bombay and Madras teachers in the grade of Rs.               60-150,  70-200 and Rs.  85-175  respectively.               It  is thus seen that, by and large, in  three               out  of the four criteria for determining  the               equation of posts, the several posts  included               in  the  Initial Recruitment Cadre  are  quite               comparable.               After   careful  consideration  of   all   the               relevant factors, and in particular, the  four               criteria for determination of the equation  of               posts,  the  Central Government  have  decided               that the equation of posts adopted for drawing               up the ISS List published in 1965 referred  to               in  paragraph 2 supra is the  most  reasonable               one  for drawing up the final ISS List of  the               Graduate  Tutorial Cadre as on  1st  November,               1956.   The State Government  may,  therefore,               adopt that equation for the preparation of the               final ISS List of the Graduate Tutorial  Cadre               as on 1-11-1956." It  would be seen that the Central Government took the  view that  if the posts were found similar on an  application  of three  out  of  the  four  factors  settled  at  the   Chief Secretaries’  Conference,  they  should  be  equated.    The Central Government then proceeded to apply these factors for the, purpose of determining the equation of posts.  So,  far as the first factor, namely, the nature and duties of  posts and  the  second factor, namely,  the  responsibilities  and powers appertaining to the posts, are concerned, the Central Government  pointed  out  that "the teachers  in  all  these grades  were either teaching High School and  Middle  School classes,  or doing inspection work" and then  observed  that "the  duties, etc. of the Hyderabad Inspectors in the  grade of  Rs.  154-275 were some what inferior to those  of  their counter-parts  in Mysore, Bombay, Madras and  Coorg".   Now, the  ex-Hyderabad  Inspectors in the grade  of  Rs.  154-275 constituted  but a fraction of the ex-Hyderabad teachers  in that  grade and the majority of the exHyderabad teachers  in that  grade were teachers teaching in the composite  schools corresponding  to  the  Middle  and  High  Schools  of   the erstwhile State of Mysore.  No comparison of the nature  and duties  or responsibilities of the posts was, however,  made between the exHyderabad teachers in the grade of Rs. 154-275 on  the one hand and the ex-Bombay teachers in the grade  of Rs. 210-300, ex-Madras teachers’ in the grade of Rs. 165-245 and  ex-Mysore teachers in the grade of Rs. 130-200  on  the other.   The  criteria of the first and the  second  factors were not applied qua ex-Hyderabad teachers teaching 322 in the composite schools who constituted a large bulk of ex- Hydrabad  teachers in the grade of Rs. 154- 275 and  it  was not said by the Central Government that either the nature or the duties or responsibilities of their posts were  inferior to those of the posts of ex-Bombay teachers in the grade  of Rs. 210-300, ex-Madras teachers in the grade of Rs.  164-245 and  ex-Mysore  teachers in the grade of Rs.  130-200.  .The

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Central  Government did not take up, this position  even  in the affidavit in reply made by A.R. Ailawadi on its  behalf. The only assertion which the Central Government made in this affidavit    was   that   "the   nature   of   duties    and responsibilities  etc. attached to the posts of teachers  in Hydrabad  in the scale of Rs. 154-275 were similar to  those of teachers of Mysore in the scale of Rs. 60-150, of  Bombay in the scale of Rs. 70-200 and of Coorg in the, scale of Rs. 100-300".  Vide paragraph 21.  We do not think this  ex-post facto statement made in the affidavit can be relied upon the justification of the equation of posts because what we  have to  consider  is what were the factors actually  taken  into account in determining the equation of posts and whether any of them were relevant or irrelevant and whether any relevant factors  were omitted from consideration.  There is  nothing in the decision of the Central Government to show that  this factor  relating  to comparison of the  nature,  duties  and responsibilities of the posts between ex-Hyderabad  teachers in  the  grade  of  Rs.  154-275  apart  from   ex-Hyderabad Inspectors  and  other allocated teachers was  at  any  time taken  into account by the Central Government.  Even  if  we accept  the  statement  made in the affidavit  at  its  face value,  it cannot carry the matter any further,  because  it merely   speaks   of   similarity   of   the   duties    and responsibilities  of the posts of ex-Hyderabad  teachers  in the  grade  of Rs. 154-275 with those of the  posts  of  ex- Bombay, ex-Madras and ex-Mysore teachers in the lower  grade and  does  not  seek  to  compare  the  nature,  duties  and responsibilities  of the posts of ex-Hyderabad  teachers  in the  grade  of Rs. 154-275 with those of the  posts  of  ex- Bombay,  ex-Madras  and  ex-Mysore teachers  in  the  higher grade.   It may be argued that the duties and  responsibili- ties  of  the posts of ex-Bombay,  ex-Madras  and  ex-Mysore teacher,-, in the higher grade were superior to those of ex- Bombay, ex-Madras and ex-mysore teachers in the lower grade, and  therefore, when the Central Government found  that  the duties  and  responsibilities of the posts  of  ex-Hyderabad teachers  in the grade of Rs. 154-275 were similar to  those of ex-Bombay, ex-Madras and ex-Mysore teachers in the  lower grade, it must follow a fortitude that they were inferior to those of ex-Bombay, ex-Madras and ex-Mysore teachers in  the higher grade and hence the former posts could not be equated with  the  latter.  But this argument  cannot  be  sustained because the premise on which 323 the  Central  Government,  nor is  there,  anything  in  the affidavit  of  A.R.  Ailawadi to show that  the  duties  and responsibilities  of the posts of ex-Bombay,  ex-Madras  and ex-Mysore  teachers  in the higher grade  were  superior  to those  of  the posts of ex-Bombay, ex-Madras  and  ex-Mysore teachers   in  the  lower  grade.   In  fact,  the   Central Government stated in paragraph 16 of the affidavit of A., R. Ailawadi  in  reference to the posts in the higher  grade  : "In.the   States  of  Mysore,  Madras  and  Bombay   certain percentage of posts of graduate tutorial cadre were  treated as  selection  grade posts, the percentage in  Mysore  being 20%,  in  Bombay 3% and in Madras 33-1/3%, and  these  posts were  not attached to any particular Institution or  office. Persons in the initial recruitment category were given  this selection  grade on the basis of  seniority-cum-merit".   If this is true, it would mean that the posts of ex-Bombay, ex- Madras  and ex-Mysore teachers in the higher grade  were  in the nature of selection grade posts and the teachers in  the lower  grade were, on the principle of  seniority-cum-merit, given the higher grade, but they remained in the same  posts

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discharging the same duties and responsibilities.  It  would seem  that  the.  posts in the higher grade  were  thus  not promotional  posts, distinct and separate from the posts  in the lower grade.  The posts were the same and the duties and responsibilities were the same, but the teachers who were in the  lower grade given the higher grade on the principle  of seniority  cum-merit.  This would be,evident from the  order of  the Government of Mysore dated 21st September, 1947  set out  in  paragraph  8 of the affidavit  in  reply  filed  by respondent  No.  8,  Appendix 9 to  the  Bombay  Educational Manual referred to in paragraph 9 of that affidavit and  the position in regard to the Education Service in the erstwhile State  of  Madras  as  set  out  in  paragraph  10  of  that affidavit.  It is   obvious that the Central Government,  in determining  the  equation of posts, omitted  to  take  into account  these relevant considerations and failed  to  apply the  criteria of the, first and second factors in the  light of the material facts placed before it. The  Central  Government in its decision then  proceeded  to consider the criterion relating to the third factor, namely, the minimum qualifications prescribed for recruitment to the posts and observed that "the Hyderabad and Coorg teachers in the  grades of Rs. 130-190 and Rs. 80-220 respectively  were less qualified than the other teachres".  It is difficult to see  the logic or relevance of this observation.   What  the Central  Government was concerned to inquire was as to  what were  the  posts  of  ex-Bombay,  ex-Madras  and   ex-Mysore teachers to which the posts of ex-Hyderabad teachers in  the grade  of Rs. 154275 could be regarded as similar  from  the point of view minimum 324 qualifications  prescribed for recruitment to the posts.  it may  be that the ex-Hyderabad teachers in the grade  of  RS. 130-190  were less qualified than the  ex-Bombay,  ex-Madras and  ex-Mysore teachers in the lower grade, but  that  could have  no bearing on the question as to whether  ex-Hyderabad teachers  in  the  grade of Rs.  154-275  were  superior  or inferior to the ex-Bombay, ex-Madras and ex-Mysore  teachers in   the   higher   grade  from  the  point   of   view   of qualifications.   The,  Central  Government  ought  to  have considered  whether  there was any  comparison  between  the posts  of ex-Hydarabad teachers in the grade of Rs.  154-275 and the posts of ex-Bombay, ex-Madras and ex-Mysore teachers in   the   higher  grade  on  the   criterion   of   minimum qualifications required for recruitment to the posts.  This, unfortunately,  as  the decision of the  Central  Government shows, it failed to do. There is nothing in the decision  of the  Central Government which would indicate  even  remotely that  the  Central  Government  applied  its  mind  to   the criterion  of minimum qualifications and compared the  posts of  ex-Hyderabad.teachers in the grade of Rs.  154-275  with those  of other allocated teachers in the higher grade  from the point of view of this criterion. So  far  as  the criterion relating to  the  fourth  factor, namely,  the salary of the posts is concerned,  the  Central Government  was constrained to admit that the posts  of  ex- Hyderabad  teachers in the grade .of Rs. 154-275  carried  a higher pay scale than those of ex-Bombay, ex-Madras and  ex- Mysore teachers in the lower grade and even the posts of ex- Hyderabad  teachers  in the grade of Rs. 130-190  enjoyed  a better pay scale than those of ex-Bombay, ex-Madras and  ex- Mysore  teachers  in  the  lower  grade.   Judged  by   this criterion, therefore, the posts of ex-Hyderabad teachers  in the  grade  of  Rs. 154-275 could  not  possibly  have  been equated  with  those of ex-Bombay, ex-Madras  and  ex-Mysore

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teachers  in  the  lower grade but  the  Central  Government ignored  this criterion altogether and pinned  its  decision only on the other three criteria which also, as pointed  out by  us above, were ,either not applied at all or  improperly applied. There  can,  therefore,  be no doubt that  if  we  test  the validity of the, equation of posts by reference only to  the reasons  given by the Central Government in its decision  as reproduced  in  paragraph  15  of  the  affidavit  of   A.R. Ailawadi,  the  equation  of  posts  made  by  the   Central Government  cannot stand it so far as ex-Hyderabad  teachers in the grade of Rs. 154-275 are concerned.  But the  Central Government  in the affidavit of A.R. Ailawadi  gave  certain further  reasons justifying this equation-of posts’ made  by it and though-the decision of the Central 325 Government does not show that these reasons actually weighed with  the  Central Government, we would proceed  to  examine their correctness. The contention of the Central Government, as set out in  the affidavit  of  A.R.  Ailawadi, was that  the  posts  of  ex- Hydrabad  teachers  in  the grade of Rs.  154-275  did  not. belong to the promotional cadre but were meant only for  the initial recruitment of trained graduates and hence they were rightly classified under the Initial Recruitment cadre.  The strongest reliance in support of this contention was  placed on  the  Cadre  and  Recruitment  Rules  of  the   Hyderabad Educational Service made by the Rajpramukh on 29th  October, 1953.   It  was pointed out by the Central  Government  that according to the Hyderabad Cadre and Recruitment Rules,  the highest  grade  in  the subordinate  services  was  that  of teachers  in  the grade of Rs. 280-345 and that  was  to  be filled by promotion of teachers in the grade of Rs.  154-275 and  the  next lower grades were those of  teachers  in  the grades of Rs. 154-275 and Rs. 130-190 and these were "to  be filled  ordinarily by direct recruitment by selection  by  a select  committee" and so far as the minimum  qualifications for recruitment to these grades were concerned, a  candidate had  to be a trained graduate for rectment to the  grade  of Rs.  154-275 while for recruitment to the grade of Rs.  130- 190  it was enough if he was merely a graduate or a  trained intermediate.  The Central Government submitted on the basis of  these provisions in the Hyderabad Cadre and  Recruitment Rules  that the grade of Rs. 154-275 was not  a  promotional grade but it was as much an initial recruitment grade as the grade  of  Rs. 130-190, the only difference being  that  the minimum qualification for recruitment in the former was that the  candidate  should be a trained graduate, while  in  the later,  he  could  be an untrained gradauate  or  a  trained intermediate.  The only promotional grade, according to  the Hyderabad  Cadre and Recruitment Rules was that of  teachers in  the  grade  of Rs. 280-345.  That was  the  reason  why, contended the Central Government, the posts of  ex-Hyderabad teachers  in the grade of Rs. 280-345 were equated with  the posts of ex-Bombay, ex-Madras and ex-Mysore teachers in  the higher grade-which were in the Promotional cadre, while  the posts of ex-Hyderabad teachers in the grades of Rs.  154-275 and  Rs. 130-190 were equated with the posts  or  ex-Bombay, ex-Madras  and ex-Mysore teachers in the lower  grade  which constitut  ed Initial Recruitment cadre.   This  contention, possible though it may seem, is in our opinion,  fallacious, inasmuch as it is based on misconception of the true  nature of  the  equation of posts and disregard of the  actual  and historical facts obtaining in regard to 326

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the  ex-Hyderabad  grade of Rs. 154-275  and  the  ex-Mysore grades of Rs. 60-150 and Rs. 130-200. It is clear that what the Central Government was required to do for the purpose of bringing about the integration of  the services was to determine the equation of posts of allocated Government servants coming from different integrating areas. The  equation that was to be made by the Central  Government was  of posts and since posts would be in different  grades, the equation of posts would necessarily involve the equation of grades.  This equation had to be done by reference to the four  criteria  laid  down at the conference  of  the  Chief Secretaries.   It  was immaterial whether the  grades  which were sought to be equated were initial recruitment grades or promotional grades.  There was no requirement either of  law or of principle that one initial recruitment grade could  be equated  only  with another initial recruitment  grade.,  or that  one  promotional  grade could  be  equated  only  with another promotional grade.  The four criteria which were  to be applied for the purpose of determining the equation  were those  laid down at the Conference of the Chief  Secretaries and  if these four criteria were satisfied, then in a  given case  an  initial recruitment grade could be  equated  to  a promotional  grade  and vice-versa.  We do  not,  therefore, think  that the Central Government was right in  taking  the view that the exHyderabad grade of Rs. 154-275 could not  be equated  with the exBombay grade of Rs.  210-300,  ex-Madras grade  of  Rs. 165-245 and ex-Mysore grade  of  Rs.  130-200 because  the former was an initial recruitment  grade  while the latter were promotional grades.  That was not a  correct test to be applied in determining the equation of Posts. But apart from this objection as a matter of law, we do  not think  the Central Government was right in saying  that  the ex-Hyderabad  grade  of Rs. 154-275 was  not  a  promotional grade   but  an  initial  recruitment  grade   for   trained graduates.  We will first consider the position prior to the making of the Hyderabad Cadre and Recruitment Rules of  29th May,  1953.  There are several orders commencing  from  17th October, 1951 and ending with 12th December, 1954, Annexures Fl  to  F4  to the petition, which  clearly  show  that  ex- Hyderabad teachers in the grade of Rs. 130-190 were promoted to  the  grade  of Rs. 154-275.   All  the  forty-three  ex- Hyderabad petitioners were originally appointed in the grade of  Rs. 130-190 and subsequently on obtaining B.T. or  B.Ed. degrees,  they were promoted to the grade of Rs. 154-275  in accordance with the principle of seniority   -merit and this is borne out by the orders of promotion passed in the   case of  each  of  them.   In fact, as pointed  out  by  the  ex- Hyderabad petitioners in paragraph 4(2) of the petition, all the ex- Hyderabad   teachers  in the grade of  Rs.  154-275, except  two, were promotees from the grade of  Rs.  130-190. The proceedings relating 327 to  the order of the Government of Mysore dated llth  March, 1960 Annexure G-1 to the petition, also showed that, in  the ex-Hyderabad  area,  trained graduates in the grade  of  Rs. 130-190 were promoted to the grade of Rs. 154-275.  So  also the  letter  dated  22nd December,  1962  addressed  by  the Director  of  Public  Instruction,  Andhra  Pradesh  to  the Secretary to the Hyderabad Karnataka Teachers Union Annexure G2  to the petition pointed out that generally, in  the  ex- Hyderabad   area,  trained  graduates  were  not   appointed directly  in  the grade of Rs. 154-275 and  "only  untrained graduates  were  appointed in the scale of Rs.  130-190  and thereafter  they-  were selected for B.Ed. training  as  per seniority and after they had compeleted B.Ed. training, they

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were promoted to the trained graduates scale of Rs. 154  275 as  per  seniority".   Similarly,  the  letter  dated   21st January,  1966  of  the Deputy Secretary  to  Government  of Andhra  Pradesh to the Accountant General,  Andhra  Pradesh, Annexure  G3  to the petition, also asserted  that  the  ex- Hyderabad  teachers  who were in the grade  of  Rs.  130-190 prior to the reorganisation were "eligible for promotion  to the next higher scale of Rs. 154-275 in case of their  first promotion after 1st November, 1956".  Then there is also  an order  of the Government of Mysore dated 28th August,  1961, Annexure G4 to the petition, which said that Shri Vasant Rao Patil was promoted from the grade of Rs. 130-190 to Rs. 154- 275  along  with eleven other teachers.   And,  lastly,  the letter  dated 30th December, 1954 addressed by the  Director of  Public  Instruction, Andhra Pradesh  to  the  Secretary, Hyderabad  Karnataka  Teachers  Union, Annexure  G8  to  the petition,  affirmed  in terms clear and  explicit  that  the duties  of the posts of teachers were the same in the  grade of Rs. 154-275 as in the grade of Rs. 130-190 and the  grade of  Rs.  154-275 merely constituted a  "higher  category  to which  trained  graduates in the grade of Rs.  130-190  were eligible  for promotion.  It would, therefore, be seen  that right upto the time of the making of the Hyderabad Cadre and Recruitment  Rules  and even  thereafter,  the  ex-Hyderabad grade of Rs. 154-275 was a promotional grade and save in two exceptional  cases, no direct recruitment was ever  made  to this  grade.   The  entry in the grade of  Rs.  154-275  was always  by  way of promotion of trained graduates  from  the grade  of Rs. 130-190.  It is true that the Hyderabad  Cadre and Recruitment Rules provided that the posts of teachers in the  grade  of  Rs. 154-275 shall be  filled  ordinarily  by direct  recruitment  but in fact no direct  recruitment  was ever made to this grade.  The word ’ordinarily’ left it open to  the Government to appoint a teacher to the grade of  Rs. 154-275 otherwise than by direct recruitment and in fact, as the  various documents to which we have just referred  show, appointments  to  the  grade of Rs.  154-275  were  made  by promotion of trained graduates from the grade of Rs. 130-190 even after the making of the Hyderabad Cadre and Recruitment Rules.   The  position which prevailed at the  time  of  the reoreanisation therefore, was that the ex-Hvderabad grade of Rs.  154-275 was in fact and in reality a promotional  grade consisting wholly of promotes from the grade of Rs.  130-190 save  in  two  exceptional cases.  We fail to  see  how  the Central  Government  could have the stark  reality  of  this situation and proceeded on a purely theoretical basis wholly unrelated  to the facts and concluded that the  ex-Hyderabad grade of 328 .Rs.  154-275 was an initial recruitment grade  for  trained graduates as .distinct from a promotional grade. We find from the equation of posts, made in the Final  Inter State  Seniority  List as also from the  affidavit  of  A.R. Ailawadi that, according to the Central Government, the  ex- Hyderabad  grade of Rs. 280345 was a promotional  grade  for ex-Hyderabad teachers in the grade ,of Rs. 154-275 and  "the teachers  in the grade of Rs. 154-275 had to  pass  normally through  the selection grade of Rs. 280-345 before  entering the  Class  11  Gazetted cadre" and the  posts  in  the  ex- Hydera.bad  grade of Rs. 280-345 were,,  therefore,  rightly equated  with those ,of ex-Bombay, ex-Madras  and  ex-Mysore teachers  in  the higher grade.  This stand of  the  Central Government  is  clearly  untenable.  It is  clear  from  the letter  dated 21st October 1954, addressed by the  Secretary to  the Government of Hyderabad Education Department to  the

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Director   of  Public  Instruction,  Annexure  G-6  to   the petition,  that the ex-Hyderabad grade of Rs. 280-345 was  a selection  grade : it was "not-- a separate grade by  itself but  only an extension of existing grade" of Rs. 154-275  in which it was necessary to reach the maximum before .aspiring to the next ladder.  The same position was reiterated by the Government of Andhra Pradesh in its order dated 12th  March, 1959, Annexure G-7 to the petition where it was stated  that the  ex-Hydera.bad grade of Rs. 280-345 was not  a  separate cadre  by itself but only a continuance of the grade of  Rs. 154-275 "a little over the maximum of the time scale of  the gade".  The letter dated 23rd January, 1950 addressed by the Director of Public Instruction, Hyderabad to the  Principals and Head Masters, Annexure G-5 to the petition, also pointed out  that for the purpose of promotion to Class 11  Gazetted cadre the date of entry into the grade of Rs. 154-275  would be  on ,the basis of seniority of teachers "irrespective  of the  grades in which they have worked, though they might  be working either in the grade, of Rs. 154-275 or Rs. 280-345". So  also, the letter dated 8th February, 1964  addressed  by the Director of Public Instruction, Ban Annexure G-7 to  the petition, reiterated that the grade of Rs. 280345 was only a side  grade  intended  for officials who  have  reached  the maximum  in the grade of Rs. 154-275 and they would have  no preference  over their seniors working in the grade  of  Rs. 154-275  and seniority in the grade of Rs. 154-275 would  be the  only criterion for Class II Gazetted promotion and  one need  not be promoted to the side grade to  get  eligibility for  Class  11 Gazetted promotion.  It would  be  seen  from these  documents that the ex-14yderabad grade of Rs.  280345 was merely a selection grade and not a promotional grade and the  next  higher grade of promotion from the grade  of  Rs. 154-275  was Class 11 Gazetted grade and promotion  to  that higher grade was not from the selection grade of Rs. 280-345 but  from  the  grade’  of  Rs.  154-275  on  the  basis  of seniority.   The Central Government was. therefore,  clearly in  error in taking the view that the ex-Hyderabad grade  of Rs. 280-345 was a promotional grade in between the grade ,of Rs. 154-275 and Class 11 Gazetted grade.  If the next higher grade  above the grade,of Rs. 154-275 was Class II  Gazetted grade it would be a serious matter for consideration whether the grade of Rs. 154- 329. 275 should not be equated with the ex-Bombay, ex-Madras  and exMysore higher grades which were immediately below Class It Gazetted. grade in those respective States. Lastly,  it  may  be pointed out that there  is  one  rather important  and  relevant  consideration  which  the  Central Government  seems  to have failed to take into  account  and that relates to the qualifications required for  recruitment to  the  posts sought to be equaled.  There was  no  dispute that for recruitment, whether by promotion or otherwise,  to the ex-Hyderabad grade of Rs. 154-275 it was essential  that a  teacher should be a trained graduate and in practice  all teachers promoted to that grade and even the two exceptional direct  recruits were trained graduates.  But so far as  the ex-Mysore  grade  of  Rs.  60-150  is.  concerned,  even  an untrained  graduate could be appointed under Note A  to  the order of the State Government dated 21st September, 1947 set out  in paragraph 8 of the affidavit in reply of  respondent No. 8 and in fact a large number of untrained graduates were appointed  in  this  grade.  The practice  followed  was  to appoint untrained graduates since trained graduates were not available  and  then  to depute them for  training  in  B.T. course  at  Government costs.  The result was  that  at  any

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given  point  of  time there was always a  large  number  of untrained  graduates in the ex-Mysore grade of  Rs.  60-150. It  is  highly revealing to note that out of about  700  ex- Mysore teachers in the grade of Rs. 60-150 allocated to  the State  of Mysore, there were admittedly as many as  343  who were  untrained graduates and 20 more were  also.  untrained but  they  were undergoing training on  deputation.   It  is difficult  to see how, apart from the disparity in  the  pay scales,  the  exHyderabad grade of Rs.  154-275,  where  the minimum   qualification  of  trained  graduate  was   always insisted  on  and followed, could be equated  with  the  ex- Mysore  grade of Rs. 60-150 where the minimum  qualification of  trained graduate was not a sine qua non for  recruitment and  in  fact  more than half the number  of  teachers  were untrained  graduates.   It  may  be  noted  that   untrained graduates in the grade of Rs. 60-150 were not only  entitled to their usual increments but they could also be promoted to the next higher grade of Rs. 130-200.  There were admittedly at  the  time  of reorganisation 26  out  of  167  ex-Mysore teachers  in the grade of Rs. 130-200, who  were  untrained’ graduates.   Similarly, in the erstwhile,Bombay State  also, minimum qualification of trained graduate was not  necessary for recruitment to the grade of Rs. 70-200.  If a  candidate was  a trained graduate, he was given an advance  increment, but even without being trained, he could gain admittance  in the  grade.  Vide Appendix 9 to the Bombay Education  Manual and  Rule 131 in Section VIII of the Bombay  Civil  Services Classification and Recruitment Rules set out in paragraph  9 of:  the affidavit in reply filed by respondent No.  8.  How then  could be ex-Hyderabad grade of Rs. 154-275 be  equated with  the ex-Bombay grade of Rs. 70-200, when.  the  minimum qualification  for recruitment in the former  was-that  the- candidate should be a trained-graduate ’While in the latter, he could just be at,, ordinary graduate ? We  are;  ’therefore, of-, the’ view that  the  equation  of posts made by the Central Government was illegal and invalid in so far as- it relating, 330 to  the posts of ex-Hyderabad teachers in the garde  of  Rs. 154-275.  We accordingly set aside. the equation of posts as also  the Final Inter State Seniority List based upon it  to the  extent  that it relates to the  posts  of  ex-Hyderabad teachers in the grade of Rs. 154-257 and direct the  Central Government to make fresh equation of posts after taking into account  all relevant facts having material bearing  on  the question  and in the light of the observations contained  in this judgment. Writ Petition No. 149 of 1972 The  case  of the ex-Coorg petitioners stands  on  the  same footing  as  that of the ex-Hyderabad  petitioners  in  some material  respects.  In the first place, it does not  appear from  the decision of the, Central Government  that-for  the purpose of determining the proper equation of the. posts  of ex-Coorg  teachers in the grade of Rs. 100-300, the  Central Government applied the criteria of the first and the  second factors  by  making a comparison of the nature,  duties  and responsibilities  of the posts.  In fact, the  statement  of the Central Government in its decision that "the duties etc. of  the.   Hydrabad Inspectors in the grade of  Rs.  154-275 were  somewhat  inferior to those of their  counterparts  in Mysore,   Bombay,  Madras  and  Coorg"  proceeded   on   the hypothesis that the duties and responsibilities of the posts of exCoorg teachers in the grade of Rs. 100-300 were similar to those of the posts of ex-Bombay, ex-Madras and  ex-Mysore teachers in the other grade.  Secondly, the criterion of the

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third  factor, namely, the minimum  qualifications  required for  recruitment to the posts was also not applied  by  the, Central  Government  for  the  purpose  of  determining  the equation  of the posts of ex-Coorg teachers in the grade  of Rs. 100-300.  All that was stated by the Central  Government in its decision was that the ex-Coorg teachers in the  grade of  Rs. 80-220 were less qualified than the other  teachers. But  that had no bearing on the question  of  qualifications for the posts of ex-Coorg teachers in the grade of Rs.  100- 300.   It was common ground between , the parties  that  the minimum qualification required for recruitment to the  posts of  ex-Coorg teachers in the grade of Rs. 100-300  was  that the candidate should be a trained graduate.  However, so far as  the posts of ex-Mysore teachers in the grade of Rs.  60- 150  and exBombay teachers in the grade of Rs.  70-200  were concerned,  it  was  not a minimum  qualification  that  the candidate should be a trained graduate but it was enough  if he  was an untrained graduate. Vide the relevant  discussion in  Writ Petition No. 12 of 1972. it would thus  seem  ,that there was no equivalence between the posts of ex-Coorg teachers in the grade of Rs. 100-300 and those of  ex-Mysore teachers  in the grade of Rs. 60-150 and ex-Bombay  teachers in the    grade of Rs. 70-200 from the point of view of  the criterion    of   minimum   qualifications   required    for recruitments  to  the posts This  important   consideration, however,  seemed  to  have been omitted  to  be  taken  into account  by  the Central Government.  So  also  the  Central Government failed to take into account the criterion of  the fourth factor, namely, the salary attached to the posts, for the posts of  331 ex-Coorg  teachers  in the grade of Rs.  100-300  undeniably carried  a  higher  pay scale than the  posts  of  ex-Mysore teachers  in the grade of Rs. 60-150, ex-Bombay teachers  in the grade of Rs. 70-200 and ex-Madras teachers in the  grade of  Rs. 85-175.  In fact, the pay scale of the posts of  ex. Coorg  teachers  in  the grade of Rs. 100-300  was  in  some respects even better than that of ex-Mysore teachers in  the grade  of  Rs. 130-200.  It appears from  the  affidavit  in reply filed by S. Kannam, Deputy Secretary to the Government of  India,  Cabinet  Secretariat on behalf  of  the  Central Government that the main consideration which prevailed  with the  Central  Government in equating the posts  of  ex-Coorg teachers in the grade of Rs. 100-300 with those of ex-Bombay teachers  in the grade of Rs. 70-200, exMadras  teachers  in the grade of Rs. 85-175 and ex-Mysore teachers in the  grade of  Rs. 60-150 was that these were all  initial  recruitment grades,  and the posts of ex-Coorg teachers in the grade  of Rs.  100-300  could not be equated with those  of  ex-Bombay teachers in the grade of Rs. 210-300, ex-Madras teachers  in the grade of Rs. 165245 and ex-Mysore teachers in the  grade of  Rs. 130-200 because the former belonged to  the  initial recruitment grade, while the latter, to promotional  grades. But  as  pointed  out  by us above, this  was  not  a  valid consideration  which should have guided the Central  Govern- merit  in determining the equation of posts.   The,  Central Government  ought  to  have  taken  into  account  the  four criteria   laid  down  at  the  conference  of   the   Chief Secretaries   and  determined  the  equation  of  posts   by reference  to  those criteria.  It may also be  pointed  out that  the next higher grade above the ex-Coorg grade of  Rs. 100-300 was Class II Gazetted grade and not the grade of Rs. 200-300,  which  was  a special  grade  for  the  Principal, Janatha  College  started as an experimental measure  for  a period  of one year.  Promotion to Class II  Gazetted  grade

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was  from the grade of Rs. 100-300 and it was not  necessary for  a teacher in the grade of Rs. 100-300 to  be  appointed Principal,  Janatha College in the grade of Rs.  200-300  in order  to aspire for promotion to Class II  Gazetted  grade. That  is obvious from the order of the Government of  Coorg, dated 27th June, 1956, Annexure 8 to the petition, promoting B.  Suryanarain Rao and S. S. Krishna Rao from the grade  of Rs.  100-300 to Class II Gazetted post of Head Master.   The grade  of  Rs. 200-300 attached to the  post  of  Principal, Janatha College was, therefore, not promotional grade but  a special   grade  which  did  not  give  its  incumbent   any preference  over the teachers in the grade of  Rs.  100-300. The  Government  was clearly in error in proceeding  on  the basis  that  "in  between the posts  of  trained  graduates, Assistants and Sub-Divisional Inspectors on the one hand (in grade  Rs.  100-300)  and  the  Posts  of  Head  Masters  of Government High Schools and the Principal of Basic  Training College.  Kudige on the other)’ in the grade of Rs.  250-10- 350),   the  intermediate  promotional  post  was  that   of Superintendent, Janatha College, Kudige in grade Rs. 200-10- 300,   and  on  that  basis  equating  only  the   post   of principal.Janatha  College in the grade of Rs. 200-300  with on  posts of ex-Bombay, ex-Madras and ex-Mysore teachers  in the higher grade. These infirmities vitiated the equation Of Posts made by the Central Government. 332 We,  therefore, set aside the equation of posts as also  the Final Inter State Seniority List based upon it in so far  as they  relate to the posts of ex-Coorg teachers in the  grade of  Rs.  100-300 and direct the Central Government  to  make fresh  equation  of  posts after  taking  into  account  all relevant  facts having material bearing on the question  and in the light of the observations contained in this judgment. The first respondent will pay the costs of. the  petitioners in each of these two writ petitions. P.H.P. Petitions allowed 333