# 3QG MOHD. SHAHBUDDIN & ORS v. UNION OF INDIA & ORS

- **Citation:** [1975] 3 S.C.R. 306
- **Court:** Supreme Court of India
- **Decided:** 1975-01-22
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/3qg-mohd-shahbuddin-ors-v-union-of-india-ors-6718
- **Pages:** 27

## Headnote

3QG
MOHD. SHAHBUDDIN & ORS.
A
v.
UNION OF INDIA & ORS.
January 22, 1975
f P. JAGANMOHAN REDDY, P. N. BHAGWATI AND P. K. GOSWAM1,, JJ.J
States Reorganisation Act 1956-Equatio11 of posts how
far
cmz
court
B
interfere-Wh&ther decisions taken at the Chief Mi11isiers' co11ference must be
co111plied with--!/ equation ca11 be based on irrelerant and irrational com'iderations or erroneous assumptions.
The validity of the equation of posts of graduate teachers allotted to ih1~ new
State of Mysore constituted under the States Reorganisation Act, 1956. was
challenged. The new State of Mysore was formed comprising the territories of
the existing States of Mysore, Coorg, and part3 of existing States of Hyderabad,
C
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
g:vrn
below:
---·--------~-~--
Integrating area
Lower Grade
Higher Grade
Mysore
Rs. 60-150
Rs. 130-200
Coorg
Rs. 80-220
Rs. 100-300
Bo;nbay
Rs. 70-200
Rs. 210-300
Madras
Rs.
85-175
Rs. 165-245
Hyderabad
Rs. 130-190
Rs. 154-275
--------~----
]}
E
On the constitution of the various new States the qtte.stion of equation of
posts. ~bsorption of ?er:vice personnel in the eguated posts ~nd the de~e.rmi
nation of mter se semonty cropped up. A meeting of the Chief Secretam:s of
these States was held at Delhi in May, 1956, at the invitation of the Central
F
Go1ernment. The. following decisions were taken at that meeting :
"It was agreed that in deter.mining the equation
of
posts·,
the
follow·
ing factors should be borne in mind :-
1,i) the natme and duties of a post;
I ii) th~ responsibiliiies and powers exerciscJ by the officer holding a post:
the extent of tenitorial or other charge held or responsibilities discharged;
(}
(iii) the minimum qualifications. if any, prescribed for recruitment to the
~est;
fi1) the salary of the post.
It was agreed that in determining relatil'e seniority as betwee~ two persons
holding posts declared equrvalenr to each other, and drawn from different States
the following points should be taken into account :-
H
Ci) lenoth of continuous service, 1'hethcr temporary or permanent, in
a
pa;ticulc\i· graue; this should exduJe pcrioJs for which an appointment is held in· a purely stop-gap or fo1 tmtous arrangement:.
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SHAHBUDDIN V, UNION
307
I.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 in.ter se seniority of
otlkers
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-Coo'rg
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 in. 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 o~ Mysore.
One of the contentions of the petitioners was upheld by the High Court in
the year 1%4 and the State Government was directed to prepare a provisional
inter-State seniority list of teachers. in the graduate tutorial cadre. Pursuant to
the mid direction the State Government prepared a provisional
Inter-State
seniority
list
in
July,
1964.
Thereafter
a final
inter-State
seniority
I ist
of
teachers
in
the
graduate
tutotrial
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
teacl)e.rs filed a petition in the High Court

## Text

_Characters 0–39,856 of 82,800. This is a partial read: ask again with offset=39856 for what follows._

3QG
MOHD. SHAHBUDDIN & ORS.
A
v.
UNION OF INDIA & ORS.
January 22, 1975
f P. JAGANMOHAN REDDY, P. N. BHAGWATI AND P. K. GOSWAM1,, JJ.J
States Reorganisation Act 1956-Equatio11 of posts how
far
cmz
court
B
interfere-Wh&ther decisions taken at the Chief Mi11isiers' co11ference must be
co111plied with--!/ equation ca11 be based on irrelerant and irrational com'iderations or erroneous assumptions.
The validity of the equation of posts of graduate teachers allotted to ih1~ new
State of Mysore constituted under the States Reorganisation Act, 1956. was
challenged. The new State of Mysore was formed comprising the territories of
the existing States of Mysore, Coorg, and part3 of existing States of Hyderabad,
C
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
g:vrn
below:
---·--------~-~--
Integrating area
Lower Grade
Higher Grade
Mysore
Rs. 60-150
Rs. 130-200
Coorg
Rs. 80-220
Rs. 100-300
Bo;nbay
Rs. 70-200
Rs. 210-300
Madras
Rs.
85-175
Rs. 165-245
Hyderabad
Rs. 130-190
Rs. 154-275
--------~----
]}
E
On the constitution of the various new States the qtte.stion of equation of
posts. ~bsorption of ?er:vice personnel in the eguated posts ~nd the de~e.rmi
nation of mter se semonty cropped up. A meeting of the Chief Secretam:s of
these States was held at Delhi in May, 1956, at the invitation of the Central
F
Go1ernment. The. following decisions were taken at that meeting :
"It was agreed that in deter.mining the equation
of
posts·,
the
follow·
ing factors should be borne in mind :-
1,i) the natme and duties of a post;
I ii) th~ responsibiliiies and powers exerciscJ by the officer holding a post:
the extent of tenitorial or other charge held or responsibilities discharged;
(}
(iii) the minimum qualifications. if any, prescribed for recruitment to the
~est;
fi1) the salary of the post.
It was agreed that in determining relatil'e seniority as betwee~ two persons
holding posts declared equrvalenr to each other, and drawn from different States
the following points should be taken into account :-
H
Ci) lenoth of continuous service, 1'hethcr temporary or permanent, in
a
pa;ticulc\i· graue; this should exduJe pcrioJs for which an appointment is held in· a purely stop-gap or fo1 tmtous arrangement:.
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SHAHBUDDIN V, UNION
307
I.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 in.ter se seniority of
otlkers
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-Coo'rg
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 in. 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 o~ Mysore.
One of the contentions of the petitioners was upheld by the High Court in
the year 1%4 and the State Government was directed to prepare a provisional
inter-State seniority list of teachers. in the graduate tutorial cadre. Pursuant to
the mid direction the State Government prepared a provisional
Inter-State
seniority
list
in
July,
1964.
Thereafter
a final
inter-State
seniority
I ist
of
teachers
in
the
graduate
tutotrial
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
teacl)e.rs filed a petition in the High Court of Mysore for quashing and setting
a'ide 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 pdition on
the ground that the seniority list was pr_epared 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 toto, they were satisfied with
the decision of the Central Government cont~ined in the provisional list puhlished in 1970. The ex-Coorg teachers were dissatisfied and, therefore,
they
made
r~presentatiom 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 :
(I) Equation of posts in the final list different from the provisional list
made by the Central Government was without giving :1ny opportunity to the Hyderabad teach~rs 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
dis-.
closed non-application of mind to the material and relevant facts.
HELD : The power to determine equation of posts belon$s to the Central
Government under section 115(5) of the States Reorganisation Act and this
re" er must be exercised by the Central Government after giving an opportun it-, tc) the allocated Government servant to make representations in regard to
thi,; m~,tter. The Central Government is bound to have regard to the 4 factors
de;:idecl upo1'1 at the Conference of the Chief Secretaries held in l\fay, 1956 in
detern•ining equation of posts. It is not open to the court to consider wheth~r
the equation of posts made by the Central Government is right or wrong
if
those 4 factors have been proper!;' taken into account. Wh;lt the
court
can
<;eru!inise is only whether the 4 factors agreed upon at .the Chief Sccre1:1r;es
C0cfo"''nce ha,·e been properlv taken into accoun•. If the court find5 that one
308
SUPREME COURT REPORTS
[1975] 3 s.c.R.
or more of these 4 factors have been 'gnored the court can strike down the
equation of posts made by the Central Government. The Court can also interfere if it finds that th'-'! decision of the Central Government in regard to
the
equation of posts is maiafide or without application of mind. The Court may
also intervene if it com~s 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 per:<erse that no reasonable person properly instructt!d and
taking into acc:ount relevant factors could possibly arrive at it. [316H-.317E]
HELD FURTHER : The ex-Hyderabad teachers, did make representatien
after the judgment of the High Court delivered in 1969 and the Government
took those representations into cornideration before making the final list. It
is not possible to say that the decision was taken by the Central GovernmeBt
without giving an opportunity to the ex-Hyderabad teachers to make a proper
representation or that there was auy violation of the principles
or
natural
justice. [3190~-G]
HELD FURTHER :-The final seniority list does not give the reasons which
weighed with the Central Government in making the equation of posts.
Howe\er, in the counter-affidavit filed in this Court on behalf of the Government
reasons have hcen disclosed why the equation of oosts 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 Se:retaries meeting.
The Central Govt. d cl 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 lhe basis of the criteria of the first and second factors.
The Central Government also il?Jlored
~!together the fourth factor, narndv. 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 Secretaries. It was immaterial w:ltether
the grades which were sought to be equated were initial recruitment grades or
promotional °'rades.
There was no requirement either of law or of principle
that one initial
recruitm1~nt 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. [3 l9H320B; 321H; 323F-G; 324 E-G; 326C-G]
HELD FURTHER : The Central Government failed to take into ac:rnunt
an important and ~levant 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 in the
exMysore grade of Rs. 6()-150 whereas in
ex-l:Iyder~bad 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 iinal 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 qU;!stion
anr' in the light of the observations contained in the judgment. [329H-330EJ
HELD FURTHER·. The case of ex-Coorg teachers stands on ,ne same footing
as that of ex-Hyderabad teachers in some materia: respects. The Central Govern:
men! failed to take into account the four criteria laid down in the Chief Secretaries Conferen:,e.
The Central Government also proceeded on an erroneous
basis. These infirmities vitiated the equation of posts. The equation of posts
as also final seniority list are based upon it, in so far as they relate to the 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 f1nh equation of posts and
after taking into account all relevant facts havinrr material bearine on the
question and :n the li~ht of the observations contained in the judgment. [331K--
.D: 332A-BJ
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SHAHBUDDIN v. UNION (Bhagwati, J.)
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ORIGINAL APPELLATE JURISDICTION :
Writ Petition Nos. 12 &
149 of 1972.
'
Petitions Under Article 32 of the Constitutio11.
D. V. Patel and K. N. Bhatt, for the petitioners (in WP. J\o. 12/
72).
11. B., P. P. Bhopa1111a and Narayan Nettar, for the petitioner (In
WP. No. 149/72).
5. N. Prasad and R. N. Sachthey, for respondent No. 1 (In WP.
No. 12/72).
K. S. Puttaswamy Govt. Ad1,ocate for Karnataka and M. Veerappa,
for r~spondents Nos. 2 & 3 (In WP. No. 12/72).
S. S. Jaya/i and B. P. Singh, for respondents Nos. 4-9, 10-12 &
14 (ln \VP. No. 12/72) and respondent Nos. 4-9 (Jn WP.
No.
149/72).
Narayan Ne/tar, 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).
The Judgment of the Couruwas delivered by
BHAGWATI, J.--The short question tha~ 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 A<.:t re-drew 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
<ts 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 occupving the
posts of teachers in these schools as also the persons occupying COP-
310
SUPREME COURT REPORTS
[1975] 3 s.c.R.
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 fo them alone.
The graduate teachers in each of the five integrating areas were
divided into two grades, a lower graue 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
Lower Grade
Higher Grade
~·-
My;,ore
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 alsu one post of Principal, Janatha College in the C:oorg
area prior to the reorganisation which carried a pay scale of Rs. 200300.
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 corning together
d these five integrating areas, a question arose as to how the graduate
teachers allotted to the new State of Mysore from these five integrating
ar~as silould 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 deterirnnation of inter se seniority.
Now, this was not a problem confini~d 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
wJs 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 w!th
regard to the work of integration of the services.
The Government
of India, by their letter dated 3rd April, 1957, informed the State
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SHAHBUDD!N v. UNION (Bhagwati, !.)
311
Governments that they had decided that the work of integration of
services should be dealt with by the State Governments in the light ot
general principles already decided at the meeting of the Chief Secre·
taries.
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 reorganisation. The principles for determining equation of posts
and
inter se seniority of allocated Government servants reached at the confrrc;;.:e 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;
(iil 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 wac 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 Centrar
Gowrnment nor the State Government took any steps for the purpose
of determining the equation of posts of graduate teachers and their
i111er se seniority.
On 3rd February, 1958, the Director of Public
lnstruction circulat::d 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. 130200, while the posts of ex-Coorg teachers in the grade of Rs. 100300 were equated with those of ex-Mysore teachers in the grade of
Rs. 60-150.
Presumably, on the assumption that this list would
312
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[1975] 3 s.c.R.
be finalised at an early date by the Central Government, the State
Go\lernment made temporary promotions to Class II Gazetted posts
on the basis of this list and some of the ex-Hyderabad teachers i11 the
grade of Rs. 154-275 were consequently promoted to Class II Gazetted posts and out of them a few were even promoted to Class l posts
in an officiating capacity.
So far as the Coorg tea:::hers in the grad~
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 o_f 1961 in the High Court of Mysore.
Om: 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
c4ua1i1JJ1 of posts and inter se seniority of allocated teachers in the
i;radmil·~ tuwrial cadre was vested in the State and the State Government. should, therefore, be directed to prepare a provisional Inter State
SeniC'fity List in accordance wit.h the requirements of the Act. This
contention was upheld by a Division Bench of the High Court by a
judgment dated J 2th June, 1964 and the State Government was directed to prepart: a provisional Inter State seniority list of teachers in the
graduate tutorial cadre. Pursuant to this
direction
of
the
High
C011rt :he State Government prepared a Provisional Inter StatP. Seniority List and published it under a notification dated 2nd July, 1964.
This Provisional Tnter State Senioritv 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 cx-Coorg
teachers in the grade of Rs. 100-300 as also the post of Principal,
.fanatha College in th1: grade of Rs. 200-300 were equated with the
posts of ex-Bombay teachers in the grade of Rs. 210-300, the posts
0f 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. 7b-200. the
posts of ex-Madras teachers in the grade of Rs. 85-175 and the posts
of ex-Mysore teachers in the grade uf 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 referred to as the ex-Hyderabad petitioners) are all graduates of recognised universities and they also hold the degree of H.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 of
seniority-cum-merit to the grade of Rs. 154-275 on various dates
before 1st November,
1956. The ex-Hyderabad petitioners were
thus in the grade of Rs. 154-275 a:t the time of the reorganisation
when thry were allocated to the nrw State of Mysore from the cxHyderabad area. Since the posts held by the ex-Hyderabad petitioners
were equated with those of ex-Mysore teachers in the grade of Rs.
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SHAHBUDDIN v. UNION (Bhagwati, J.)
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I 30-200 under Annexure II to the Provisional Inter State Seniority
List and their seniority vis-a-vis the other allocated teachers was.
determined on the basis of such 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
appointed in the grade of Rs. 80-220 but on ootaining the degree of
B.T. rhey 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. Petitio,ners 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 untrnined graduates but on obtaining the
degr5e 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 reorganisation when they were allocated to the new State
t'f 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 accordDiice with the decision of the Government of India under the provision
of section 115 (S) 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
cndrcs, 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 teache.rs in the grade of Rs. 165-245, the posts of exMysorc 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. 130190 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 exMadras teachers in· the grade of Rs. 85-175 and the posts of exM:vsore teachers in the grade of Rs. 60-150 and placed in the initial
recruitment cadre.
The result of this equation of oosts was that the
ex-Hyderabad petitioners who were in the grade of Rs. 154-275 and·
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the ex-Coorg petitioners who were in the grade of Rs. 1.00-300 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-Hyd1)ra·
bad teachers thereupon 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 List was bas1~d. 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 Listwhich was disadvantageous to }he ex-Hyderabad teachers-was thus
without any opportunity to them to have their say in the matter and
that vitated the equation of posts. The High Court on this view, by
an order dated 8th January, 1969, set aside the equation of post~ on
the basis of which the Final Inter State Seniority List was prepared ;:md
.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-Hyderabad 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-Comg 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_:.:t 50
·and that was done by th::: 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 cx-Coorg teachers in the grade of Rs. 100-300 with those of exMysore 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
departmc and directed that the Central Government should make a
prnrcr 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 grad·:: of Rs. 130--300 and placed in promotional cadre. The
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315
Central Government after considering these representations
as
also
representations received from other allocated teachers arrived at a ten- .
tative decision in ~egard. 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 Senioiity List was prepared was set out in
Annexure I to the List. The posts of ex-Coorg t_eachers in the grade
of Rs. IG0-300 were equated with tho.se .of ex-Mysore teachers in
the grade of Rs. 60-150 and placed in category II 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 Catego~y II, but for purposes of prornoti0n to the next higher Category, the teachers who were in the scale
of R3. 154-275 may be placed "en-bloc" immediately above the first·
teachers from Hyderabad in the scal_e of Rs. 130-190 who finds place
in C;;tc-gory II, thus maintaining the parent State Seniority · of the
teachers coming from the former State of Hyderabad."
Vide note at
the foot of Annexure I to the Provj_sional 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. 130200 in· Category I, which corresponded to the promotional grade, was
not accepted by the Central Gov·ernment, 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 <hey 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 I. 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 C§ltegory II 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. l'J0-200 and placed in Category I. 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--:Z75
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 th~ 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 Governm'!nt
by a notification dated 9th December, 1971 published the Final Inter
State Seniority List. This Final Inter State Seniority Lisralso, like the
earlier one, classified the posts into Promotional cadre, Intermediate
316
SUPREME COURT REPORTS
[1975J 3 s.c.R.
cadre and Initial Recruitment cadre. The posts of ex-Hyderabad
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
cx-Bomb.iy 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 exMysore teachers in the grad~ of Rs. 60-150 and placed in the Initial
Recruitment cadre, while~ tl)e 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. 165-245 and the posts of ex-Mysore teachers in the grade of
Rs. 130-200 were equated and placed in the promotional cadre. The
r1~sult was that though prior to the reorganisation the ex-Hyderabad
teachers in the grade of Rs. 154--275 and the ex-Coorg teacher~ in
the grade of Rs. 100-300 were eligible for being considered for pro~
motion to the post of m:ad Master which was a Class II Gazetted post
they could now hope to reach the post of Ifead Master only after
being first promotedto the Promotional cadre, which would mean that
they would have to await their turn until after all the teachers in the
Promotional c.adre were either promoted or rejected and moreover
th.-:ir 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 perferred Writ P1~ti
tion No. 1Tof 1972 in this Court challenging the validity of the equation i» 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-Hyderabad
petitioners was that the posts held by the
ex-Hyderabad teachers in
the grade of Rs. 154-275 should have been equated wicll those of
eK-Mysore teachers in the grade of Rs. 130-200 and placed in the
Promotional cadre. Similarly, the ex-Coorg teachers also filed Writ
Pctitic111 No. 149 of 1972 in this Court challenging the validity of the
<:qt.ation 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
wt~re 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.
l00-300
should have been equated with those of ex-Mysore teachers in the 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 c~n be sustained.
Before we proceed to examine the merits of the claim of the ex~
Hyderabad and the ex-Cpor.E? petitioners, it would ·be convenient first
to consirler the gl'ound on which an equation of posts made by the
Central Government may be challenged. It is now well settled that the
pow~r to determine equation of nosts belonj!s to the Central Govern-.
ment under section 115(.5) of the Actaoo this·power·must.be.exei:
cised by the Central Government after giving an opportunity to the
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317
allocated Government servants to make representations in regard to
this matter. This Court pointed out in Union of India v. P. K. Roy(l)
that a decision taken by the Central Government without giving an
opportunity to the officer:s affected to make representations would be
invalid and that was· affirmed by this Court in the subsequent aecision
in Union of India v. G. R. Prabhavalkar("). This Court also laid down
in t 1• I?a1ialt Raj v. Union of India(l) and Union of India v. G. R. Pra·
l>lwv•1//;,ire) 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 deterrilining 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 th~ 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 mor·~ of these four factors have been ignored ..
the Court can strike down the equation of posts made by the Central
Government. The C~urt can also interfere if it finds that the decision
of the Central Government in regard to the equation of post.~ is maJa
fitle 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 instru,etcd and taking into account relevant
fac~ors
could possibly arrive at it. This is the narrow and limited field within
which th::: supervisory jurisdiction of the Court can operate.
H'rit Pt!tition 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
tcaeh:~rs 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
Govanment without giving any opportunity to the ex-Hyderabad petitioners to make a proper representation. The argument of the exHydernhad petitioners was that the Provisional Inter State Seniority
Lbt 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 ~d since they were satisfied with this equation
they did not make any representation to the Central Government, b~t
the Central Government altered this equation to their prejudice in the
Final Inter State Seniority List without giving any opportunitv to thelll
to make a representation sh6wing why they should not be equated with·
ex-Mysore teachers in the grade of Rs. 60--:150 in the Initial Recruit~
mcnt Cadre but should be equated with ex-Mysore teachers in the grade
~~.~ti .. 1 ~0-200 in the Promotional Cadre.
The. equation of posts in
(1). [1968]2. S. C.R. 186.
(2) [1973} 4 S. C. C. 183.
(3) [1973] 1 s. c. c. 61.
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SUPREME COURT REPORTS
[1975) 3 S.C.R.
•J;.:
J·iiJ~d
lntL~r State Seniority List, in so far as it. related to the
n-Hyd,·rnbad teachers in the grade of Rs. 154-275, was, therelorc, c(.llHcndccl the ex-Hyderabad petitioners, in violation of the
principks oi natural justice and was on that account liable to be
·~u":,i::cd and i:ct aside.
Now, it is true that the .ex-Hyderabad petitioners were prepared 1to accept the equation of posts made in the Provisional Inter State Senio1ity List though it did not go as far
aS;
to
sa'.isfy the full extent of their claim and they accordingly did not ritake
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 i'n the Promotional cadre.