( 1 ) N. S. Subba, Rao the petitioner-is a village accountant. In this petition under Art. 226, he complains about the discrimination made in the pay scale given to him with effect from 1-1-1970.

( 2 ) BRIEFLY stated the facts are these. The petitioner was appointed as a Village Accountant in the year 1843 under the provisions of the Mysore village Offices Act, 1908. The said Act was repealed by the Mysore; Village offices Abolition Act, 1961. Thereafter the Mysore General Services revenue Subordinate Branch Recruitment Rules, 1961 were framed under the proviso to Art. 309 of the Constitution. By the said Rules, provision was made for the recruitment of village accountants. Qualification fixed for the direct recruitment was a pass in SSLC Examination. The said qualification wag relaxed in respect of persons who had already served as Village accountants under the MVO. Act, 1908. For them, it was sufficient, if they have passed VIII Standard and were within 50 years of age.

( 3 ) THE petitioner continued to draw the caid scale of pay till it was lage Accountants. The petitioner was one of applicants. He had passed only VII Standard but he had enough experience in the Office. He was, therefore, found suitable and selected as Village Accountant along with about 141 candidates. Some of them had passed SSLC Examination. All of them were appointed as Village Accountants in the pay scale of Rs. 65-1-70- 90. All of them belonged to one cadre with one pay scale of Rs. 65-90.

( 4 ) THE petitioner continued to draw the said scale of pay till it was revised by the Mysore Civil Services Revised Pay Rules, 1970. The said rules framed under the proviso to Art. 309 came into force with effect from 1-1-1970. By these rules, for the first time, a discrimination was brought about in the pay scales, on the basis of the qualifications possessed by the village Accountants. The Village Accountants who had passed SSLC examination were given the pay scale of Rs. 90-3-105-4-145-EB-5-200 and for the non-SSLC Village Accountants and Talatis, a lesser pay scale of rs. 80-2-90-3-120--4-140-4-145 was prescribed. The petitioner being a non- sslc Village Accountant was sought, to be given the lesser pay scale. He was asked to give his option for the same according to the said Rules. He did not give his option, but preferred this writ petition for the following reliefs :" To issue appropriate writ or order as the case may be directing the respondents to fix the pay of the petitioner in the scale of Rs. 90-3- 105-4-145-EB-5-200 with effect from 1-1-1970, if necessary, by declaring the Mysore Civil Services Revised Fay Rules 1970 in so far it provides for a lower pay scale to non-SSLC Village Accountants as void and invalid. "

( 5 ) THE contention urged by Sri Rama Jois, learned Counsel for the petitioner was that throughout t-iiere has been only one cadre among the village Accountants in the State of Mysore with a uniform pay scale given to them. It was only for the first time, in 1970, that different pay scales were prescribed on the basis of the different qualifications possessed by the Village Accountants. Learned Counsel added, that this prescription of two different scales of pay to persons belonging to one cadre is discriminatory and violative of Arts. 14 and 16 (1) of the Constitution.

( 6 ) SRI Puttaswamy, learned First Additional High Court Government advocate submitted that it is open to the State to prescribe different pay scales to persons possessing different qualifications, even though they are in the same cadre.

( 7 ) THE decision of the Supreme Court in State of Mysore v. P. Narasinga Rao, AIR 1968 SC 349. was relied upon by both Counsel in support of their respective contentions. Sri puttaswamy strongly relied on the said decision and contended that the case on hand squarely falls within the ratio of that decision. In the said case, the Court observed thus :" In our opinion, therefore, higher educational qualifications such as success in the SSLC

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