- 1 - NC: 2025:KHC-K:2601 WP No. 226208 of 2020 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 2ND DAY OF MAY, 2025 BEFORE THE HON'BLE MR. JUSTICE N.S.SANJAY GOWDA WRIT PETITION NO. 226208 OF 2020 (S-RES) BETWEEN: 1. MEHABOOB ALI, S/O M.D.NABISAB, AGE:53 YEARS, OCC:SECRETARY, OFFICE OF THE REGISTRAR, UNIVERSITY OF AGRICULTURAL SCIENCES, RAICHUR-584 102. 2. SIDDHARAM S.KATTIMANI, S/O SHANKAREPPA KATTIMANI, AGE 43 YEARS, OCC:SECRETARY O/O DIRECTOR OF EDUCATION, UNIVERSITY OF AGRICULTURAL SCIENCES, RAICHUR-584 102. 3. SANJAYADAS, S/O DEVDAS MORE, AGED ABOUT 52 YEARS, OCC:SECRETARY, O/O REGISTRAR, UNIVERSITY OF AGRICULTURAL SCIENCES, RAICHUR-584 102. Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2601 WP No. 226208 of 2020 4. ISHWARAPPA., S/O VEERBHADRAPPA KATTIMANI, AGED ABOUT 37 YEARS, OCC:PERSONAL SECRETARY, O/O DEAD (A.G.ENGINEERING) COLLEGE OF AGRICULTURAL ENGINEERING, UNIVERSITY OF AGRICULTURAL SCIENCES, RAICHUR-584 102. …PETITIONERS (BY SRI. RAVI B.PATIL,ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY ITS SECRETARY TO GOVERNMENT DEPARTMENT OF AGRICULTURE, M.S.BUILDING., BENGALURU-560 001. 2. THE VICE CHANCELLOR UNIVERSITY OF AGRICULTURAL SCIENCES, ADMINISTRATIVE BUILDING, LINGASUGUR ROAD, RAICHUR-584 102. 3. THE REGISTRAR, UNIVERSITY OF AGRICULTURAL SCIENCES, ADMINISTRATIVE BUILDING, LINGASUGUR ROAD, RAICHUR-584 102. …RESPONDENTS (BYSMT. ARATHI PATIL., AGA FOR R-1; SRI. MAHANTESH PATIL., ADVOCATE FOR R-2 & R-3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO - 3 - NC: 2025:KHC-K:2601 WP No. 226208 of 2020 ISSUE A WRIT OF CERTIORARI THEREBY TO QUASH THE IMPUGNED ORDER No.Kru.e 17 KruViDha 2019, BENGALURU, DATED 06.07.2020 PASSED BY THE 1ST RESPONDENT GOVERNMENT AS AT ANNEXURE-L AS ONE WITHOUT JURISDICTION AND IS HIGHLY ARBITRARY, ILLEGAL AND BEYOND THE SCOPE OF PROVISIONS OF LAW., IN THE INTEREST OF JUSTICE, ETC. THIS PETITION HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 07.02.2025, COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR JUSTICE N S SANJAY GOWDA CAV ORDER 1. The petitioners are before this Court challenging the order of the Government dated 06.07.2020 by which the Government has rejected the proposal of the University to merge the post of Personal Secretary and Secretary, with the posts of Assistant Administrative Officer and the Assistant Comptroller. - 4 - NC: 2025:KHC-K:2601 WP No. 226208 of 2020 2. The petitioners were appointed as Stenographers in the University of Agricultural Sciences at Dharwad. On the establishment of the Raichur University, by virtue of the Universities of Agricultural Sciences Act, 2009, the Dharwad University was bifurcated, and the petitioners were assigned to the Raichur University. 3. The petitioners basically claim that they are seriously prejudiced by persons belonging to the lower cadre that is the cadre of Typist are being permitted to steal a march over them and are being permitted to occupy an higher cadre than them, even though they were appointed on a lower cadre. 4. For a better understanding, the promotional avenues of the Stenographers and the Typists are narrated as follows: - 5 - NC: 2025:KHC-K:2601 WP No. 226208 of 2020 Therefore two promotional avenues Stenographer (5,200-9,580) Typist (4,150-7,800) Personal Secretary (6,000-11,200) Promotion from Stenographer Direct Recruitment + Promotion from Typist after 5 years Experience Secretary (7,400-13,120) Promotion from Personal Secretary By Direct Recruitment Promotion after 5 years Stenographer (5,200-9,580) Change of Cadre Assistant (4,150-7,800) Same Scale Direct Recruitment/Change of cadre Senior Assistant (5,200-9,580) Promotion from Assistants Promotion Superintendent (General) (6,000-11,200) Superintendent (Accounts) (6,000-11,200) Assistant Administrative Officer (7,400-13,120) Deputy Administrative Officer (9,580-14,200) Administrative Officer Assistant Comptroller (7,400-13,120) Deputy Comptroller (9,580-14,200) Comptroller - 6 - NC: 2025:KHC-K:2601 WP No. 226208 of 2020 5. As could be seen from the above, a Stenographer carries a pay scale of Rs.5,200/- to Rs.9,580/-, where as the post of Typist carries a pay scale of Rs.4,150/- to Rs.7,800/-, thereby meaning that the post of Stenographer is in a higher cadre and pay scale as compared to a Typist. 6. In order to be a Stenographer, the mode of recruitment for a Stenographer is either by way of direct recruitment or by way of promotion from the cadre of Typist. A Typist would be required to have five years experience and also be a Graduate in order to be promoted as a Stenographer. Therefore, the first promotional avenue to a Typist is to a Stenographer. As already stated above, the petitioners were admittedly appointed as a Stenographer that is in the promotional post of a Typist. - 7 - NC: 2025:KHC-K:2601 WP No. 226208 of 2020 7. From the post of a Stenographer, the promotional avenue is to that of a Personal Secretary carrying a pay scale of Rs.6,000/- to Rs.11,200/- and from the post of Personal Secretary, the promotion is to the cadre of Secretary carrying a pay scale of Rs.7,400/- to Rs.13,120/-. If a person is appointed in the cadre of Stenographers, the promotional avenues would end on being promoted as a Secretary, carrying a pay scale of Rs.7,400/ to Rs.13,120/- and he would thus have only two promotional chances. 8. The Typist who had a promotional opportunity as a Stenographer and, thereafter, promotion to the post of Personal Secretary and to the Secretary, however got a benefit by way of the Cadre and Recruitment Rules (hereinafter referred to as the “C & R Rules”) being amended. By the amendment, a Typist in a pay scale of Rs.4,150/- to Rs.7,800/- was permitted a change of cadre to that of Assistant, which also carried a pay scale of Rs.4,150/- to Rs.7,800/-. - 8 - NC: 2025:KHC-K:2601 WP No. 226208 of 2020 However, on being transferred to the cadre of Assistant, the promotional avenues of a Typist stood enlarged. 9. A Typist who opted for a change of cadre as an Assistant would be entitled to be promoted as a Senior Assistant carrying a pay scale of Rs.5,200/- to Rs.9,580/- (i.e., the same pay scale as a Stenographer). From this promotional post of Senior Assistant, a promotion is permitted to the cadre of Superintendent (General) or Superintendent (Accounts), both carrying a pay scale of Rs.6,000/- to Rs.11,200/-. This pay scale of a Superintendent is as same as that of a Personal Secretary. 10. A Typist who changes his cadre to that of an Assistant and on getting two promotions, he would get the pay scale of Rs.6,000/- to Rs.11,200/-, which was commensurate to the first promotion that a Stenographer would get as a Personal Secretary. - 9 - NC: 2025:KHC-K:2601 WP No. 226208 of 2020 11. From the cadre of Superintendent (General) or Superintendent (Accounts), a promotional avenue is created for being promoted as an Assistant Administrative Officer or an Assistant Comptroller, both carrying a pay scale of Rs.7,400/- to Rs.13,120/-. This pay scale is also equivalent to that of a Secretary that is the second and ultimate promotion that a Stenographer would get. 12. Thereafter, from the post of Assistant Administrative Officer, a promotional avenue is created for being promoted as either a Deputy Administrative Officer or as a Deputy Comptroller, both carrying a pay scale of Rs.9,580/- to Rs.14,200/-. 13. As could be noticed from the above, the pay scale of a Deputy Administrative Officer is Rs.9,580/- to Rs.14,200/-, which is more that the pay scale of the Secretary, which is the ultimate promotional avenue available to a Stenographer. - 10 - NC: 2025:KHC-K:2601 WP No. 226208 of 2020 14. It is stated that from this post of Deputy Administrative Officer and the Deputy Comptroller, there is also a promotional avenue created for being promoted as a Administrative Officer or as a Comptroller. 15. It is therefore the grievance of the petitioners that even though they were appointed on a higher grade and on a higher pay scale as Stenographers, their promotional avenues are limited and come to an end on being promoted to the post of Secretary carrying a pay scale of Rs.7,400/- to Rs.13,120/-, whereas a person who is appointed in a lower cadre as a Typist on a pay scale of Rs.4,150/- to Rs.7,800/-, is provided an opportunity to occupy a higher grade of Deputy Administrative Officer/Deputy Comptroller carrying a pay scale of Rs.9,580/- to Rs.14,200/-. - 11 - NC: 2025:KHC-K:2601 WP No. 226208 of 2020 16. It is therefore contended that this restriction of promotional avenue to Stenographers and giving an option to lower cadre to steal a march over the persons who was appointed in the higher cadre and to be superior to them both in grade and pay scale is opposed to the fundamental principles of service jurisprudence and cannot be sustained. 17. The petitioners therefore contend that given this anomaly, they had requested for merger of the post of Secretary with that of the Assistant Administrative Officer and the Assistant Comptroller since all of them carried the same pay scale of Rs.7,400/- to Rs.13,120/-, but this has been rejected and thereby their promotional avenue is completely closed. Whereas, at the same time, persons appointed in a lower cadre are being granted a promotional avenue which results in them occupying a post higher than them. They contend that this promotion basically - 12 - NC: 2025:KHC-K:2601 WP No. 226208 of 2020 makes them work under persons who are in a cadre lower to them and who are junior to them. 18. The petitioners also state that the University recognized this anomaly and made a recommendation to the Government to merge the posts, but this request has been rejected. The State in its counter has stated that the merger of the cadre of the Secretary with the post of Assistant Administrative Officer or Assistant Registrar cannot be permitted even though it is recommended by the University since there is no provisions in the C & R Rules, which allow a Stenographer to transition into administrative hierarchy and, hence, the merger of post cannot be considered. 19. It is one of the cardinal principles of service jurisprudence that a person appointed in a higher cadre with a higher pay scale cannot be equated with a person who has been appointed to a lower cadre - 13 - NC: 2025:KHC-K:2601 WP No. 226208 of 2020 carrying a lower pay scale. The basic distinguishing factor between different cadres in service jurisprudence is essentially the cadre to which a person is appointed and a pay scale which is associated with that appointment. It is also settled principle that a person appointed in the higher cadre cannot be made to work under a person who has been under a lower cadre and who carries a lower pay scale. It is this fundamental principle which governs the promotional aspects of every employee. An employee has the legitimate right to expect that he would always be in a higher cadre than the person who has been appointed in a lower cadre and a situation which enables a person appointed in lower cadre to occupy a post in a cadre higher than that of the petitioners is fundamentally impermissible. 20. In the light of this basic principle, the relief claimed by the petitioners will have to be granted. - 14 - NC: 2025:KHC-K:2601 WP No. 226208 of 2020 21. However, the State has taken the contention that there is no provision for transitioning the people from the cadre of Stenographer into the administrative hierarchy and, therefore, this merger could not be possible. 22. Assuming that this contention of the State is to be accepted, principally, the persons appointed in the higher cadre cannot be made to work under the persons, who had been appointed initially at the lower cadre. 23. If this is permitted, the basic principle of different cadres having different pay scales would be defeated. The grievance of the petitioners was essentially that the cadre of Personal Secretary be merged with the Cadre of Superintendent (General) or Superintendent (Accounts) so that they have also get the same promotional avenue as their juniors or in the alternative, the merger of at least the cadre of - 15 - NC: 2025:KHC-K:2601 WP No. 226208 of 2020 Secretary with that of Assistant Administrative Officer or Assistant Comptroller/Assistant Registrar would facilitate their growth. 24. It is to be noticed here that a Typist could occupy the post equivalent to that of a Private Secretary (promotional post from the Stenographer) only after he was initially promoted as a Stenographer and from that cadre he was promoted for the second time to that of a Personal Secretary. In fact, even if he had opted for change of his cadre as an Assistant, even then he would have to be first promoted as a Senior Assistant and, thereafter, he promoted as a Superintendent, which would be equivalent to the cadre of a Personal Secretary, as they carry the pay scale of Rs.6,000/- to Rs.11,200/-. 25. Thus, a Typist who was required to gain two promotions to occupy the post equivalent to the Personal Secretary cadre, whereas a Stenographer - 16 - NC: 2025:KHC-K:2601 WP No. 226208 of 2020 who would occupy this post only on one promotion was being not only placed on par, but was given further opportunities to go to the next higher pay scale of a Deputy Administrative Officer or the Deputy Comptroller as against the limit of the post of Secretary to which a Stenographer could have been promoted. The State ought to have accepted that this was an anomalous situation which defeated the rights of the Stenographer to be always placed above the persons, who had been appointed on the lower cadre i.e., as Typists. 26. However, the State Government has taken the untenable stand that there is no such provision which would permit the merger. Since, the State Government relies upon a technicality, which grants undue benefit to the Typist and seriously prejudices the Stenographers, in my view, it would be appropriate to direct that the petitioners who have been appointed as Stenographers are always given a - 17 - NC: 2025:KHC-K:2601 WP No. 226208 of 2020 higher pay scale than that of the persons who had been appointed as a Typist and who had taken a change of cadre to an Assistant. 27. To illustrate, if a Stenographer has been promoted as a Secretary and as a Typist, is sought to be promoted as an Assistant Administrative Officer or as an Assistant Registrar, he shall always be considered junior in cadre to that of a Secretary and whenever an Assistant Administrative Officer or an Assistant Registrar is sought to be promoted as Deputy Administrative Officer or Deputy Comptroller or Deputy Registrar, the persons who are occupying the post of Secretary will automatically be considered as being in the next higher pay scale. 28. In other words, the person who is working as a Secretary will have to be paid a higher pay scale that is a pay scale equivalent to that of an Administrative Officer or a Comptroller. - 18 - NC: 2025:KHC-K:2601 WP No. 226208 of 2020 29. Further, whenever a Deputy Administrative Officer or a Deputy Comptroller or a Deputy Registrar is sought to be promoted, the State Government shall also ensure that the persons working as Secretaries would never have to work under a Deputy Administrative Officer or a Deputy Comptroller or even a person who is thereafter promoted to the post of Administrative Officer or as a Comptroller. 30. In the event, a Deputy Administrative Officer or a Deputy Comptroller (both come from the cadre of Assistant), are promoted to the post of Administrative Officer or Comptroller, the Secretary will be granted a higher pay scale than that of an Administrative Officer or the Comptroller and at any event, the person working as a Secretary shall never be made to work under the Administrative Officer or as a Comptroller. - 19 - NC: 2025:KHC-K:2601 WP No. 226208 of 2020 31. This unorthodox manner of maintaining equality has become necessary since the State has taken an improper stand that there cannot be a merger of two cadres. A merger of two cadres is normally done to ensure parity in pay scale. A creation of a cadre cannot be used to prejudice people working in the higher cadre and cannot be used to create further promotional opportunities to the persons in lower cadre and detrimental to the interest of the people working in the higher cadre. 32. In my view, the State is bound to remove this anomaly and merge the posts of Personal Secretary with that of Assistant Administrative Officer or Assistant Comptroller and that of the Secretary with that of Deputy Administrative Officer or Deputy Comptroller. 33. If the State does not choose to follow this process, as stated above, the persons working as Personal - 20 - NC: 2025:KHC-K:2601 WP No. 226208 of 2020 Secretary or Secretary shall always be granted one pay scale higher than that of the Typist/Assistants, who occupy the post of Assistant Administrative Officer or Deputy Administrative Officer or Administrative Officer. 34. This writ petition is accordingly allowed. 35. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. Sd/- (N.S.SANJAY GOWDA) JUDGE GSR List No.: 19 Sl No.: 3