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1965 Supreme(Cal) 83

D.BASU
ASWINI KUMAR RATH – Appellant
Versus
P. C. MUKHERJEE – Respondent


Advocates Appeared:
BANKIM DUTTA, KALIPADA CHAKRAVARTI, MANJUSRI DUTT, S.S.ROY

D. BASU, J.

( 1 ) THIS proceeding in contempt arises out of an alleged breach of the Rule absolute made in C. R. 253 (W) of 1962 (hereinafter referred to as 'the original case')

( 2 ) IN that case, the Petitioners came with the complaint that their fundamental rights under Articles 14 and 16 had been violated by certain orders issued by the State The Petitioners are ordinary Graduates. They WTC appointed Sub Inspectors of Schools, in the year 1954 or thereabout together with others who are Honours Graduates and Post-Graduates, on the same pay scale of Rs. 100-225, on the basis of an advertisement which laid down the minimum qualification as a Bachelor's degree, with a diploma in leaching-without making any distinction between Graduates inter se. The Petitioners' complaint was that some five years after such appointment, the Stale made a discrimination by the impugned order of 1959 in Ann. B, by which the pay-scale of the Honours Graduates and Post-Graduates was raised to Rs. 130-350/-, thus making a discrimination against the Petitioners who are ordinary Graduates, without any reasonable basis for classification, the benefit of this higher pay-scale having been retrospectively ext
























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