UNIKAT SANKUNNI MENON Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant, Unikat Sankunni Menon, was in the service of the Rajasthan Government in the Secretariat after Rajasthan was constituted as a State. The pay and grades of the posts in the Secretariat were governed by the Rajasthan Civil Services (Unification of Pay Scales) Rules and Schedules framed by the Rajpramukh under Article 309 of the Constitution of India. Under those Rules, an Assistant Secretary to Government drew pay in the scare of Rs. 250-25-400-EB-25-500 and was, in addition, entitled to a special pay of Rs. 50. A Deputy Secretary to Government drew pay in the scale of Rs. 500-25-700 and was, in addition, entitled to a special pay of Rs. 100. Subsequently, the Rajasthan Secretariat Service Rules, 1954 were framed by the Rajpramukh under Article 309 of the Constitution of India and were brought into force with effect from 10th January, 1955. Under these Rules, the appellant became a member of the Rajasthan Secretariat Service (hereinafter referred to as "R. S. S.") . He was, at that time holding the post of an Assistant Secretary which carried the time scale of Rs. 250-25-EB-25-500. He was also drawing a special pay of Rs. 75 per month. By the notification dated 25th may, 1956, the Rajpramukh, again acting under Article 309 of the Constitution of India, promulgated Rajasthan Civil Services (Rationalization of Pay Scales) Rules and Schedules, 1956. Under these Rules, the grades of pay applicable to Deputy Secretaries and Assistant Secretaries were revised. The posts of Assistant Secretaries were shown as belonging to the ordinary timescale of the R. S. S. carrying the grade of Rs 250-25-500-EB-25-750 with a special pay of Rs. 75. Further it was laid down that there will be selection posts for members of the R. S. S. which were indicated as posts of Deputy Secretaries to Government by putting this designation in brackets, and new scale of Rs. 500-30-740-EB-740-EB-30-800 -50-900 without special pay was prescribed for these selection posts. In the remarks column, there was a note that, on promotion as Deputy Secretary, an Officer will receive Rs. 500 or a minimum increase of Rs. 150 on his basic pay as Assistant Secretary whichever is higher. These were the Rules in force when, on 10th January, 1959, the appellant was appointed as Deputy Secretary. On that date he was drawing a salary of Rs. 475 p. m. in the ordinary time scale of the R. S. S. and was also getting a special pay of Rs. 75, as he was holding the post of an Assistant Secretary to Government. Consequently, on his appointment as Deputy Secretary, which was a selection post for the R. S. S., his salary was fixed at Rs. 650. Under the formula laid down in the remarks column, mentioned above, the salary admissible to him came to Rs. 625, but, since in the new grade fixed for the selection posts there was no stage at Rs. 625 his pay was fixed at Rs. 650 at next higher stage above the amount calculated in his case on the basis of the formula laid down in the remarks column. This procedure was adopted under the Government instructions. Subsequently, the grades for the posts of Dy. Secretaries and Assistant Secretaries were again revised by the Governor of Rajasthan under the proviso to Article 309 of the Constitution by promulgating the Rajasthan Civil Services (Revised Pay) Rules, 1961. Under these Rules the grade applicable to Assistant Secretary to Government belonging to the R.S.S. was prescribed as Rs. 360-25-560-30-590-EB-30-860-900. The Rules also indicated that this revised scale had been prescribed as a result of merging the special pay in the grade pay itself. The grade for Deputy Secretaries to Government was also revised to Rs. 550-30-820-EB-30-850-50-1100. It appears that, subsequently, there was another revision of scales of pay in the year 1966, and the latest grade applicable to the members of the R. S. S. holding the posts of Deputy Secretaries is Rs. 900-50-1500.

(2.) Apart from these various Rules which, from time to time, were applicable to members of the R. S. S., we may also indicate the Rules that were applicable to members of the Rajasthan Administrative Service (hereinafter referred to as "the R. A. S.") when holding posts of Deputy Secretaries. Under the Rajasthan Civil Services (Unification of Pay Scales) Rules and Schedules, 1950, which were in force until the year 1956, a member of the R.A. S., on appointment as Deputy Secretary, drew salary in the same grade of Rs. 500-25-700 with a special pay of Rs. 100 in the same way as a member of the R. S. S. When the Rajasthan Civil Services (Rationalisation of Pay Scales) Rules and Schedules 1956 came into force, this principle was departed from. While laying down the grades of pay applicable to members of the R. A. S., their senior and junior scales were combined into one scale shown, as the time-scale of Rs. 250-25-500-EB-25-750 with a selection grade of Rs. 500-30-740-EB-800-50-900 which was to be admissible personally to Officers who had been appointed substantively earlier to the grade of Rs. 500 -25-700 vide Government Orders issued on 9th April 1951 and 19th January, 1955. Then, it was further laid down that special pay would be admissible on certain posts to Officers of the R. A. S. on time scale or selection grade, and, amongst these, were the posts of Deputy Secretaries to Government. The Rules prescribed a special pay of Rs. 150 for the members of the R. A S. when appointed to posts of Deputy Secretaries to Government. In the subsequent revision of grades under the Rajasthan Civil Services (Revised Pay Scales) Rules, 1961, the grade of the R. A. S. was revised to Rs. 285-25-510-EB-25-560-30-800 for the ordinary time-scale and Rs. 550-30-820-EB-30-850-50-950 for posts in the senior scale, together with a selection grade of Rs. 650-50-1250. Under these Rules again, it was laid down that an Officer of the R. A. S. holding a post in the senior scale on appointment as Dy. Secretary will be entitled to a special pay of Rs. 150. Under the last revision in 1966, a member of the R. A. S., on appointment as Dy. Secretary, was to draw salary in his regular time-scale of Rs. 550-30-820-EB-30-850-50-1100, subject to a minimum of Rs. 640, with a special pay of Rs. 150. In the case of a member of the R. A. S. holding a post in the selection grade applicable to his service, he was to draw the pay in his selection grade with a special pay of Rs. 150. Thus, in the case of members of the R. A. S. appointed to posts of Deputy Secretaries, a special pay remained admissible, while the principle of granting special pay to members of the R. S. S. on appointment as Deputy Secretaries was abolished.

(3.) It was on the basis of these Rules that the appellant filed a petition under Article 226 of the Constitution before the High Court of Rajasthan claiming that the words "without special pay" in the Rajasthan Civil Services (Rationalisation of Pay Scales) Rules and Schedules, 1956 may be declared as invalid and violative of Arts. 14 and 16 of the Constitution. The High Court dismissed the petition and, consequently, the appellant has now come up to this Court by Special leave.