Judgment

GOSWAMI, J.:- These appeals by special leave are directed against the judgment of the Orissa High Court of February 4, 1974.

2. There was a private college known by the name of Khallikote College. This is an institution which grew out of a school established in 1856. The management had to meet with financial crisis in the past and obtained financial help in the shape of liberal endowment under a trust deed from the then zamindar of Khallikote. The institution, it is stated, became one of the premier colleges in the town of Behrampur, Ganjan District, Orissa. The College was at first affiliated to the Andhra University at Waltair and thereafter to the Utkal University and since 1967 it has been affiliated to the Behrampur University.

3. The Government of Orissa took over the management of the College on and from March 9, 1971, and a formal agreement was executed between the managing committee of the College and the Governor of the State. The College was taken over by the Government in pursuance of the unanimous resolution of the managing committee of February 18, 1970, and the transfer to the Government was of all the assets of the College but without any liability. The managing committee continued to be liable for the outstanding liabilities, if any, of the College for which Government was not liable. The College after the take over was administered as a Government College.

4. The eight writ petitioners in the High Court (Respondents herein) were working as Readers in different faculties in the said College on the date of the aforesaid transfer in the scale of pay Rs. 510-860/- whereas the Government scale for Readers was Rupees 600-1000/-. On the date of take over, namely, March 9, 1971, each of the respondents was drawing a salary somewhere less than Rupees 600/- ;three of them less by only Rs. 30/-.

5. The material particulars of the ten Readers of the College who were all earlier in private employment, including the eight Respondents, are as follows (Annexure I, Vol. II of the Paper Book):

S. No. Name Date of Birth Date of 1st appointment Date of Promotion Confirmed as Pay as on 9-3-1971(date of takeover)

1. Shri N. N. Swamy 18-3-34 21-7-58 1-12-68 Reader Rs. 570/-

2. Shri N. Satapathy 6-9-33 July59 27-1-70 Reader Rs. 540/-

3. Shari P. Haridas 10-3-36 25-10-61 25-10-69 Lecturer Rs. 540/-

4. Shri J. J. Rao 16-3-36 7-7-59 1-7-68 Reader Rs. 540/-

5. Shri K. C. Samantra 5-7-79 Lecturer Rs.

All the Posts are permanent.

6. Shri G. J. Chineswar Rao 30-9-31 3-9-57 1-10-67 Reader Rs. 570/-

7. Shri Ch. Chandra Sekhar Patro 1-7-35 1-8-58 1-1-67 Reader Rs. 570/-

8. Shri Narayan Behera 1-10-37 2-8-62 13-9-70 Lecturer Rs. 510/-

9. Shri T. K. Satyanmurty 14-9-27 1-7-49 4-5-59 Reader Rs. 660/-

10. Shri V. S. R. Gupta 28-12-30 1-7-52 4-9-69 Lecturer Rs. 600/-

6. It will appear that five Respondents out of eight were confirmed as Readers prior to the take over. Three Respondents were confirmed as Lecturers but were promoted as Readers prior to the transfer of the College. The last two Readers in the list who were lucky to draw salary of the amount of Rs. 660/- and Rs. 600/- respectively as on the date of take over, were treated differently by the Government from the eight Respondents on the sole ground that they were drawing as Reader salary of more than Rs. 600/-. It is rather poignant that the tenth Reader in the list was only a confirmed Lecturer whereas, as already shown, five of the Respondents were confirmed Readers although drawing salary less than Rs. 600/-.

7. On July 30, 1970, the Government prescribed qualifications for appointment as a Reader by a Circular of that date addressed to the Director of Public Instruction (Higher Education) Orissa, which appears to supersede the earlier circulars on the subject. It was stated in that circular that the Government have been pleased to order that following principles shall henceforward be followed in the appointment of Readers, namely,

(a) no officer who has not had at least 8 years o