JUDGMENT : Hidayatullah, C.J.I. 1. The State of Mysore appeals against the judgment of the Mysore High Court dated September 11, 1964 questioning the fixation of pay of the Respondent N.A. Kulkarni in the scale of Rs. 270-10-300-15-360 with effect from May 30, 1960. The facts of the case are as follows: Kulkarni was employed formerly under the Bombay Government and was serving in the Sericulture department as a Senior Sericulture Demonstrator in-charge Grainage. The pay scale of this post from February 7, 1953 was Rs. 110-8-140-10-150. On November 1, 1956, the States Re-organisation Act came into force and Kulkarni was allotted to the Mysore State. For some time he acted in a short leave vacancy of one Poovaiah who was temporarily appointed as Sericulturist in the scale of Rs. 270-10-300-15-360. On Poovaiah's retirement, the respondent was appointed as Senior Sericulture Inspector and the question arose as to what salary he would get. The Government of India had issued a direction which is to the following effect: "It will be recalled that one point on which agreed conclusions could not be reached at either of the two conferences of State representatives is the question of pay to be allowed to a person affected by reorganisation on subsequent promotion in the new or reorganised State in which he is allotted i.e. whether on such promotion he should be allowed the benefit, if any, of the scale of pay to which he would have been entitled on such promotion in his parent State. The Government of India have given very careful thought to this question in the light of the views expressed by State representatives at the two conferences mentioned earlier. They have come to the conclusion that it would be equitable to allow every person affected by reorganisation, the limited protection of drawing pay on promotion to a post one stage above the one held by him in a substantive capacity or on which he had officiated continuously for a minimum period of three years immediately before the date of reorganisation, on the scale of pay that would have been admissible to him on such promotion in his parent State before reorganisation, if such scale is more favourable than the scale attached to the post in the new or reorganised State to which he is allotted." The Mysore Government declined to him the scale of Rs. 270-360 and consulted the Bombay Government. The Bombay Government replied that no rules had been framed and the Mysore Government therefore decided that since the post of Sericulturist in Bombay was not a promotional post, but a direct recruitment selection post filled up by open advertisement, Kulkarni was not entitled to the first stage protection on promotion. The directive to which we have referred gives two directions; the second direction is not applicable here, but the first underlined by us is. That direction is that every allottee would be allowed the limited protection to drawing pay on promotion to a post one stage above the one held by him in substantive capacity. In other words, every person allotted to the new State would not only be entitled to carry his own salary into the new State, but would be entitled to next stage of the Bombay pay and scale on promotion. It was admitted in the High Court that the next stage is Rs. 270-360. Therefore, under this direction, Kulkarni was entitled to get this scale. The order of the High Court is therefore correct. The appeal fails and is dismissed with costs.