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KAVYA SHREE K CAT, Bangalore 2026.04.27 17:24:53+05'30' OA.No.170/00438/2025 and connected matters/CAT/BANGALORE xxxx

30. In Kamlakar and Ors. v. Union of India & Ors. (1999) 4 SCC 756, this Court was examining whether a distinction could be made between direct recruits and promotees as regards equal treatment in the matter of pay scales admissible to them. Rejecting the contention that such distinction would be justified this Court held that once officers are placed in one cadre the distinction between direct recruits and promotees disappears. The birthmarks have no relevance for classification of Data Processing Assistants who are directly recruited and others who are promoted. This Court observed:

"12......Once they were all in one cadre, the distinction between direct recruits and promotees disappears at any rate so far as equal treatment in the same cadre for payment of the pay scale given is concerned. The birthmarks have no relevance in this connection. If any distinction is made on the question of their right to the post of Data Processing Assistants they were holding and to its scale -- which were matters common to all of them before the impugned order of the Government of India was passed on 2-7- 1990, -- then any distinction between Data Processing Assistants who were direct recruits and those who were promotees, is not permissible. We, therefore, reject the respondents' contention....."