Judgement

RAMASWAMI, J. :-This appeal is brought, by special leave, from the judgment of the Mysore High Court dated January 15, l963 in Writ Petition No. 48 of 1962 granting a writ in the nature of mandamus directing the appellants to accord to the respondent the benefit of both the revised higher pay scales for the Matriculate Tracers with effect from the respective dates on which they came into force.

2. The respondent, Narasing Rao was employed as a tracer in the Engineering Department in the Ex-Hyderabad State on the scale of pay Rs. 65-90. In the cadre of tracers of that State, there were matriculates as well as non-matriculates. But there was no distinction made in the scale of pay for that reason and all the tracers were placed in the same scale. The respondent was a non-matriculate. There was re-organisation of States in 1956 and as a result of the re-organisation a part of the area of Hyderabad State became part of the new Mysore State. The respondent was allotted to the new Mysore State. After the transfer of the respondent to the new State, the cadre of tracers into which tracers from Bombay State had also been absorbed was re-organised into two grades, one consisting of