Judgment

CHINNAPPA REDDY, J. :- I agree with my learned brother, Varadarajan, J. that the second proviso to R. 151 (i) (ii) (b) of the Bombay Civil Service Rules is void as it offends Arts. 14, 16 and 21 of the Constitution. The proviso provides for payment of subsistence allowance at the rate of Re. 1/- per month to a Government servant, who is convicted by a competent Court and sentenced to imprisonment and whose appeal against the conviction and sentence is pending. The award of subsistence allowance at the rate of Re. 1/- per month can only be characterised as ludicrous. It is mockery to say that subsistence allowance is awarded and to award Re. 1/- per month. For the reasons given by my brother Varadarajan, J., I agree that the proviso should be struck down.

2. Though I share the view expressed by my brother that public employment opportunity is national wealth in which all citizens are equally entitled to share and that no class of people can monopolise public employment in the guise of efficiency or other ground, I am afraid it is nonsequitur and, as at present advised, I wish to guard myself against accepting the view that the right to equal opportunity to public employment m