JUDGMENT

M. Jagannadha Rao, J.-These five writ petitions filed under Article 32 of the Constitution of India are all connected and raise the same questions. The petitioners are Secondary School Teachers in the State of Karnataka serving in Government and Government aided Secondary Schools.

2. Certain Secondary grade teachers in the former State of Hyderabad which were allotted to the State of Karnataka as on 1.11.1956. After reorganisation, the corresponding posts in former State of Mysore were equated with the posts of the allotted personnel. There was revision of pay scales on 1.1.1957 and again on 1.1.1961 but the disparity in pay scales was allowed to continue. This anomaly was continued till 1.1.1970 - for nearly fourteen years, when for the first time under the concerned Karnataka Civil Services (Revised Pay Rules), 1970 which came into force on 1.1.1970, based on the report of the Pay Commission headed by Justice Tukol, the scales were brought on par with scales of allotted Hyderabad officers prospectively by enhancing the scales of the all Karnataka teachers w.e.f. 1.1.1970. But the grievance of the Secondary School teachers of Government of Karnataka for the period from 1.1.1957 to 31.12.1969 continued and has not been removed. That is the subject of these writ petitions.

3. It is stated that, so far as disparities in pay among Mysore and Karnataka Primary school teachers on the one hand and allotted Hyderabad primary school teachers are concerned, Government orders as late as 1986 showed that those grievances also arise out of the States Reorganisation Act, 1956 in respect of pay scale disparities and have been removed by the Government of Karnataka. On that basis, petitioners, Secondary school teachers of Mysore and Karnataka claim that distance of time is no bar to relieve their legitimate grievance for the period 1.1.1957 to 31.12.1969.

4. In support of this contention, reliance is placed on two sets of facts.

Firstly the non-allottee primary school teachers of Karnataka filed Writ Petition No. 2801 of 1971 in the Karnataka High Court for equating their pay scale with the Hyderabad area primary school teachers. The High Court dismissed the said writ petition on 10.1.1975 on the ground of laches after however holding that the denial of equal pay was discriminatory. In SLP No. 908 of 1975 preferred by the Writ petitioners therein to this Court in Sri Raghuram Hegde & others v. State of Mysore, a compromise was arrived at with prospective effect from 1.1.1978 stating that 50% of the difference between the pay scales will be given. The pay as on 1.1.1978 of the Karnataka Primary School teachers was to be increased by 50% prospectively w.e.f. 1.1.1978. The scales were increased only for purpose of computation and fixation of pay but not for payment of arrears upto 31.12.1977. Various details as contained in the compromise so arrived at were incorporated in the proceedings of the Government of Karnataka dated 10.8.1979. Again, when the above compromise was being implemented, the Government stopped the benefit of this compromise from accruing to primary school teachers recruited in the State of Karnataka after 1.11.1956. This was challenged successfully in B.T. Ramaswamy v. State of Karnataka (W.P. 54/82 and batch) before the High Court of Karnataka by judgment dated 6.12.1985. Thereafter Government issued an order as late as 8.7.1986, extending the benefit of its order dated 10.8.1979 by giving increased scales of pay to all primary school teachers i.e. not only to those of erstwhile Mysore State but also to the primary teachers recruited after 1.11.1956. This was restricted to primary teachers who were recruited upto 31.12.1969. The Government directed the payment of the higher pay scale as per their earlier order dated 10.8.1979 and arrears for the period 1.1.1978 to 31.3.1986 were to be credited to the General Provident Fund Account and the difference payable after 1.1.1986 to the primary school teachers was to be paid in